Is it your responsibility to break up with each other and commit suicide?

From a legal point of view, there is no need to bear responsibility. Because the criminal law of our country regards causality as the condition of conviction, breaking up is not an act prohibited by law, and generally speaking, breaking up will not lead to death. Therefore, if the other party dies because of breaking up, it is not an act prohibited by law, and there is no causal relationship with the other party's suicide in criminal law. To sum up, if the other party commits suicide because of sadness after breaking up, there is no need to bear legal responsibility. Related case: In 2007, Xiao Qi (a pseudonym) who lives in Pinggu District met Xiao Wang, and they quickly established a love relationship and began to live together on 20 1 1 year1month. At the same time, Xiao Qi also miscarried because of an unexpected pregnancy.

At the end of last year, there was a rift between Xiao Qi and Xiao Wang, and Xiao Wang broke up with Xiao Qi. According to the information left by Xiao Qi, she has lost her fertility because of repeated miscarriages, and Xiao Wang has an affair, so she wants to break up with her.

Because it is hard to accept the reality, last year1October 26th, 165438+ Xiao Qi committed suicide by taking a lot of sleeping pills at home. Fortunately, my family found out in time and rescued me from danger. Seeing her daughter's sadness, Xiao Qi's father took Xiao Qi and her uncle to find Xiao Wang to solve their emotional problems, but it didn't work. A few days after the first suicide,1October 30th, 165438+ Xiao Qi made dozens of calls to Xiao Wang's mobile phone and sent a short message saying, "I'm going to take medicine tonight. I hope you can call me back when you see this message! I'll write something after I leave, which will involve you and Pan Xx! Sorry, farewell! " Xiao Wang said that at that time, Xiao Qi said that the premise of his suicide was not to make up with him, and the text message also said that he would drink pesticides that night and leave. "I didn't say no, but I also persuaded her. I have reason to believe that she will not commit suicide by drinking pesticides. "

Because Xiao Wang couldn't be contacted, at 2 pm that day, Xiao Qi came to Xiao Wangjiazhong with pesticides. According to Xiao Wang's memory, when Xiao Qi came to his house after drinking pesticides, he was sleeping and didn't know what had happened. Xiao Wang's father found out in time, called the emergency number and sent Xiao Qi to the hospital for rescue. 1 February 1 day, Xiao Qi died because of ineffective rescue.

Xiao Qi died because he didn't think Xiao Wang had done his duty of rescue. Xiao Qi's parents took Xiao Wang to court, demanding compensation of more than 460,000 yuan for rescue expenses, funeral expenses and death compensation. The court of first instance held that the plaintiff had no evidence to prove that the defendant should be convinced that Xiao Qi would commit suicide, and was not legally obliged to call the police or take other emergency measures. The defendant's family also sent Xiao Qi to the hospital in time, which should be regarded as taking reasonable measures. Therefore, Xiao Wang was sentenced to pay the plaintiff mental damage compensation 1 ten thousand yuan. Xiao Wang believes that Xiao Qi's suicide is directly related to her father's disapproval of their marriage. As an adult, Xiao Qi should be responsible for the consequences of his suicide.

Xiao Qi's parents' lawyers also said that the law did not specify how to deal with this situation. "But in the absence of legal norms, the principles of jurisprudence, public order and good customs should be applied. From the theoretical analysis of civil law, the defendant should take active preventive measures and not act, which should be considered as infringement. "

To solve such cases, we should grasp three aspects:

First, whether the perpetrator has committed a criminal act;

Second, whether there is a causal relationship between the behavior of the perpetrator and the suicide of others;

Third, what kind of psychological attitude the actor has towards others' suicide.

legal ground

People's Republic of China (PRC) Civil Code

Article 1005

If a natural person's right to life, body and health is infringed upon or is in other dangerous situations, an organization or individual with a legal obligation to provide assistance shall provide timely assistance.