This study in a first step analyzes the contradiction existing in the assessment of suicide in the criminal law of Germany and Taiwan. The real source of this contradiction is mainly a vagueness in the fundamental position, if suicide is 「a right or a crime」.If, within the legal structure, we want to answer the question if a person has the right to die, we need first to see, how the constitution treats the fundamental rights of a person. In modern nations of rule of law the constitution is the rule which rules the law. In this study we explain from the content of the concept of human dignity, that suicide as human self-determination does not belong to the fundamental rights, protected by the constitution. Therefore, suicide does not belong to what in the legal system is called a right.Seen from the purpose of criminal law which lies in the protect ion of society, the existing criminal law actually defines implicitly suicide as a crime. This is the key factor why assisted suicide is judged as criminal. However, to connect the assisted suicide with the crime of murder, this actually confuses again the essential difference between suicide and murder and creates a rather illogical gap, as experience and legal feelings are concerned.This article proposes to revise the current assessment system of criminal law, by theoretically assessing suicide as an individual category of crime. Only, because of legal and actual difficulties, there is no need to specify provisions of punishment. Once suicide is assessed as an individual category of crime, assisted suicide can be separated from murder, and one can reconstruct a complete system of criminal assessment for both, suicide and assisted suicide.