Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention — John Shaqi
Suicide: Its History, Literature, Jurisprudence, Causation, and PreventionWestcott, W. Wynn (William Wynn)
Philosophy
Suicide: Its History, Literature, Jurisprudence, Causation, and Prevention
Westcott, W. Wynn (William Wynn)
Suicide
In the GERMAN Strafgesetzbuch, article 216, we find, “If a person
is induced to kill another by the express and serious request of the
person killed, he shall be imprisoned for not less than three years,
and not more than five years.”
No mention is made of suicide proper, in old German codes.
In the BAVARIAN and SAXON Codes suicide is not mentioned: but up to
1871, it was the Saxon law that the bodies of suicides should be sent
to the schools of anatomy for dissection.
In the AUSTRIAN Code, there is a proviso that the suicide shall be
buried by certain officials, but not in a churchyard.
The PRUSSIAN Code forbids any injury to the corpse; there are to be no
marks of respect at the funeral; if the suicide be committed to avoid
punishment, the executioner is to bury the body.
The FRENCH Law is very remarkable; M. Hélie states it thus: “La loi n’a
point incriminé le suicide. Le fait de complicité est il punissable? La
negative est evidente.”
In the UNITED STATES suicide has never been a crime against statute
law, nor have there ever been any burial barbarities in cases of
suicide; but any one accessory to a suicide is guilty of murder as a
principal.
The ENGLISH DRAFT PENAL Code proposed to make the abetment of suicide
a special offence, subject to penal servitude for life, as a maximum
punishment.
The attempt to commit suicide was to be punished by two years’
imprisonment with hard labour.
CHAPTER VI.
CIVIL JURISPRUDENCE.
The civil branch of the jurisprudence of our subject is more complex
than the criminal. Life assurance companies naturally object to have to
pay sums of money for suicidal deaths, when these are proved to have
occurred in persons who have never shown any mental derangement, and
who may have had reasons for providing a considerable sum of money for
their families, even at the expense of forfeiting their own further
concern in this world. Such fraudulent suicides have taken place, just
as some men have not hesitated to risk being judicially executed for
murder, committed to obtain sums of money and other valuables.
Our English Judges have, unfortunately, not been unanimous in their
decisions respecting the forfeiture of insurances by voluntary death;
and the assurance companies have further complicated the matter by
the insertion of peculiar clauses in their policies, and by using
alternative phrases, meaning suicide, which the law courts have held to
infer different notions.
It has always been the custom to insert in policies of life assurance
the proviso that the death of the assured by suicide should render the
policy void. This was understood to mean that felo-de-se voided the
policy.
Public-domain text, read in full here on John Shaqi.
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