The offence of incitement to or facilitation of suicide in the case of victims under the age of 13 – a legal analysis

Authors

  • Simona Panait Faculty of Law, Babeş-Bolyai University, Cluj-Napoca

DOI:

https://doi.org/10.24193/CDP.2025.4.4

Keywords:

suicide, incitement to suicide, minor, 13 years of age, mental capacity, understanding of the consequences of the suicidal act

Abstract

This article aims to highlight the issues raised by Article 191 para. (3) of the Criminal Code, on how this offence differs from murder committed through the act of the victim. Thus, I will argue that the offence of incitement to or facilitation of suicide involving a minor under the age of 13 should be regarded as a form of murder committed through the act of the victim, given that the offence of incitement to suicide presupposes a certain level of understanding on the part of the victim regarding what suicide and death generally entail.

Published

2026-07-01

Issue

Section

Doctrine