In criminal law, there is such a thing as murder in the state of passion, which refers to causing death to another person as a result of a strong, suddenly arisen due to illegal or immoral action of the victim, emotional unrest.
Unlawful actions include the committing by the victims of violent acts, bullying, insults, creating a long psycho-traumatic situation caused by the behavior of the victim (for example, husband’s drunkenness).
Affection in criminal law is divided into two types: pathological and physiological. Pathological affect is understood as a temporary mental disorder in which a person is recognized as insane, he is not able to give an account of actions, and also to direct them. In this regard, medical measures must be forcibly applied to him.
With physiological affect, the ability to give a report in their actions and manage them is significantly reduced. However, the person who committed the crime is subject to criminal liability and must be accountable to the law. But the state of affect is taken into account and the responsibility is much less than for ordinary murder, since such a crime is less dangerous. In order to determine the type of affect, a psychological and psychiatric examination is carried out.
When a state of affect occurs, the person’s consciousness is suppressed, and the ability to think is narrowed. A person is possessed by a strong emotional arousal, which manifests itself in the form of violent movements, erratic speech, increased tone. Actions in the form of peculiar explosions are manifested. Murder takes place at the peak of moral experience.
In order for a murder in an affect state to be recognized as such, the crime must meet the following conditions:
- it is committed as a result of excessive emotional excitement;
- criminal intent arose suddenly;
- intent arose as a reaction to the unlawful behavior of the victim;
- the temporary gap between the occurrence of a traumatic situation and the crime for the most part should be minimized. (An exception, for example, is the situation when the offender suddenly saw a man who had once raped his wife, got excited and immediately committed a murder).
The provocations that gave rise to the crime include:
- immoral actions;
- violence;
- illegal or immoral behavior that is systemic in nature;
- grave insults;
- bullying.
The immoral behavior of the victim is expressed in such acts that may serve to bring the criminal (passion) into an excited state. For example, this is a betrayal of loved ones or adultery.
Violence can be expressed in torture, beatings, causing varying degrees of severity of physical harm. Enough threats of violence.
Murder committed in the state of passion should be distinguished from a crime that is committed as a necessary defense, due to the fact that exceeding its limits provides for a completely different qualification, and the motives are completely different.
Murder in a state of affect is committed with direct intent and with indirect intent. The motive of the crime does not affect qualifications. The subject of a crime is a physically sane person who has reached 16 years of age. This crime is provided for in Article 107 of the Criminal Code of the Russian Federation. The second part of the article provides for qualified staff - the commission of a crime against 2 or more persons. In the case when the murder was committed in the state of passion, it is best for the person who committed it to take a highly qualified lawyer who can fully analyze the crime and prove in court that it was completely as a result of excessive emotional disturbance - this will significantly reduce the punishment.