This essay has a thorough research effort about the suicide incitement in underage individuals and the thin line which separates it from mediated authorship of homicide. This research is based on the value of human life and has a special focus on the necessity of protecting children’s lives. As we’ve observed in cases of suicide incitement, their lives become increasingly vulnerable and they are so often instrumentalized to put an end to their life, these situations should be considered as mediate authorship of homicide. From this premise emerges the focal point: understanding when does a minor becomes a victim of instrumentation and from there forward delimitate which are mediate authorship of homicide and which are suicide incitement. After this light reference on the legal understanding of human life, we analyze suicide as belonging to a free of Law zone, along with the allusion to the perception that minors have of suicide. In addition to the study, it is examined the (in)ability of appraisement and self-determination in minors. Afterwards we proceed to the comparative analysis of the types of legal crimes foreseen in the arts. 134.º and 135.º of the Portuguese Penal Code, within the scope of the last-mentioned type of legal crime, it is made a disjuncture between “assistance” and “incitement”, questioning the difference of devaluation of both behaviors. Next step in line is to set boundaries among the two different forms of authorship that are meaningful to this thesis: mediate authorship and instigation. Moreover, the separation of mediate authorship of homicide and suicide incitement it’s made, initially through the general criteria of the art. 26.º of the CP, this much so that later on it can be applied in the case of minors, taking into account the preeminent solutions from the German doctrine. Finally, the critical analysis to the n.º 2 of the art. 135.º follows, adverting to the occasional problems stated in the article and respective suggestions to its solution.
Date of Award | 13 Jul 2021 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Maria da Conceição Cunha (Supervisor) |
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- Human life
- Suicide
- Incitement
- Mediate authorship
- Instigation
- Minors
- Maturity
- Capacity
- Domain of the fact
A delimitação entre o incitamento ao suicídio de menores e a autoria mediata de homicídio: análise crítica do art. 135º nº2 do CP
Pinto, B. F. D. A. (Student). 13 Jul 2021
Student thesis: Master's Thesis