The Composition of Driving a Person to Suicide
Article 115 of the Criminal Code of Georgia protects human life not only from direct physical assault but also from psychological pressure: it is a crime to drive a victim to suicide or to an attempt at suicide by means of threats, cruel treatment, or the systematic humiliation of the victim's honour or dignity. The peculiarity of this composition is that the immediate cause of death is the victim's own act, while criminal liability falls on the person who drove him to that decision. The law defines three means by which this crime may be committed: threats, cruel treatment, and the systematic humiliation of honour or dignity. Systematicity is an important element: a single, one-off act of injustice is assessed under other norms, but a constant, repeated pattern of humiliation falls precisely under this article. Driving the victim to the act necessarily requires a causal connection — the pressure and the result must be presented together, otherwise the charge does not stand. The crime is considered complete both where the suicide occurs and where only an attempt takes place.
Punishment Under the First Part
Under the first part of Article 115 the crime is punished by imprisonment for a term of two to four years, with restriction of arms-related rights or without such restriction. This means that the court may add to the principal punishment a restriction of the person's arms-related rights, but such an additional decision is not obligatory — the law provides for both possibilities. The essence of the additional punishment is that for a certain period the person is restricted in rights connected with arms, which ensures an additional preventive effect.
Aggravating Circumstances and Their Significance
The second part defines two aggravating features. The first is commission due to intolerance of the equality of women and men: where the pressure on the victim expresses a discriminatory attitude based on sex. The second is commission more than once: where the person commits the same crime again. In both cases the act is punished by imprisonment for a term of three to six years, with restriction of arms-related rights or without. The establishment of aggravating features directly affects the boundaries of the punishment, which is why the prosecution often finds it hard to substantiate them, and the defence has the opportunity to challenge an excessive qualification. In establishing repetition, the trace of the previous crime matters: the case file and the investigation history must be studied precisely, since this feature raises the upper boundary of the punishment.
Practical Aspects of the Defence
From the standpoint of both the accused and the victim, this category of cases demands careful handling of the evidence. The factual proof of threats, cruel treatment or systematic humiliation often rests on the testimony of third persons, correspondence and other documentary traces, and their correct assessment decides the outcome of the case. For the defence two directions are important: breaking the causal connection — whether a sufficient link exists between the person's conduct and the victim's decision — and the qualification of the means — whether the conduct truly amounted to threats, cruel treatment or systematic humiliation. Where systematicity is unproven, the case must move to another, less severe composition, and a problem of causation undermines the very foundation of the charge. The procedural rules on how such evidence is obtained and assessed are established by procedural legislation, and their violation becomes a ground for appeal by the advocate.
Frequently Asked Questions About Driving a Person to Suicide
By what means is this crime committed?
Driving the victim to suicide or to an attempt at it is committed by threats, by cruel treatment, or by the systematic humiliation of the victim's honour or dignity. These three means are precisely formulated in the law, and the prosecution must establish the existence of each element.
What punishment does this article provide?
Under the main composition the act is punished by imprisonment for a term of two to four years, with restriction of arms-related rights or without. Where committed due to intolerance of the equality of women and men, or more than once — by imprisonment for a term of three to six years, likewise with restriction of arms-related rights or without.
Is an attempt at suicide also covered?
Yes. The law separately names both driving to suicide and driving to an attempt at suicide; accordingly, the crime is complete even where the victim does not die but an attempt has been made.
What does restriction of arms-related rights mean?
It is an additional punishment which the court may attach to the principal punishment and which restricts the person's rights connected with arms. For both compositions the law allows this restriction either to be imposed or not — the words 'or without' mean precisely that.
How We Help on Legal.ge
The advocates of Legal.ge assist in cases of driving a person to suicide both for the accused and for the victim: we build a defence or representation strategy, assess the evidence, protect your procedural rights and represent your interests in every instance. Contact us — such cases are sensitive, and professional support plays a decisive role.