| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 106 === The Article 275 of the Criminal Code, also called 'the Assistant Suicide Crime' in academic field and legal practice, consists of four behavior types including the suicide-abetted crime, the suicide-assisted crime, the crime of homicide upon request and the crime of homicide with consent. This thesis is centered on the disagreements remained about Article 275, which has never been changed since its legislation.
This thesis argues that the suicide-abetted crime and the suicide-assisted crime are independent of the concept of joint offenders in the general provision of the Criminal Code. The reason is , if we take suicide as the main action in the Article 275, we would face the dilemma that the main action is not guilty but the actions of abetment and assistance are punished. Though typical notions take the position that the right of life must be protected to enhance the justification of the punishment of the suicide-abetted crime and the suicide-assisted crime, this thesis argues that this justification is inconsistent with the legal system embracing the death penalty. On the other hand, this thesis points out that the academic notions and the legal practice set the conditions of 'request' with certainty and sincerity in the crime of homicide upon request, and the elements of the crime of homicide with consent should be distinguished from the concept of extra-statutory affirmative defense. This thesis expects the change of legislation in the future could recognize these disagreements mentioned above.
The methodology of this thesis includes the literature review, the method of comparative law and the review of related judicial decisions in Taiwan. This thesis is comprised of six chapters. Chapter 1, the introduction, is concerned with the research purpose and questions. Chapter 2 focuses on the right of life involved in the action of suicide and the reasons why it is not punishable. Chapter 3 introduces the current controversy of the Article 275 generally. Chapter 4 is centered on the relations of the concept of abetment and assistance in the suicide-abetted crime and the assisted-suicide crime in the Article 275 and in the general provision of the Criminal Code. In chapter 5, this thesis discusses the analysis and the criticism of the elements of the crime of homicide upon request and the crime of homicide with consent. The review the latest draft of legislation is also included in this chapter. Finally, the conclusion and recommendations of this thesis are offered in chapter 6.
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