In criminal law, there is such a thing as a murder of passion, which is defined as causing the death of another person as a result of strong, suddenly arisen due to the illegal or immoral actions of the victim, emotion.By
illegal actions may include the commission of the victims of violence, bullying, harassment, creating a long psychological situation caused by the behavior of the victim (eg, drunkenness husband).
Affect in criminal law is divided into two types: physiological and pathological.Under pathologic affect refers to a temporary mental disorder in which a person declared insane, he is not able to account for actions, as well as lead them.In this regard thereto shall be enforced medical measures.
At physiological affect the ability to give their actions and report them to lead significantly reduced.However, the offender shall be criminally responsible and must answer before the law.But the heat of passion is taken into account and the responsibility is much less than for ordinary murder as a crime of less dangerous.In order to determine the type of affect, held psychological and psychiatric examination.
If you have a fit of passion, human consciousness is suppressed, and the ability to think narrowed.Man seizes strong emotional arousal, which manifests itself in the form of violent movements, erratic speech, elevated tone.Manifested in the form of a peculiar action of explosions.The murder takes place at the peak of moral experience.
to the murder of passion recognized as such, the crime must meet the following conditions:
- it is committed as a result of excessive emotion;
- criminal intent arose suddenly;
- intent came as a reaction to the wrongful conduct of the victim;
- vrmeni gap between the occurrence of traumatic situation and a crime for the most part should be minimal.(An exception, for example, a situation where the perpetrator suddenly saw a man who once had raped his wife, and immediately got excited and committed the murder).
to provocations that served as a pretext of the crime can be attributed:
- moral turpitude;
- violence;
- protivopranoe avmoralnoe or conduct that would constitute a systemic nature;
- serious offenses;
- bullying.
immoral behavior of the victim expressed in such actions, which may serve to bring the offender to an excited state (affect).For example, it is a betrayal of loved ones or adultery.
Violence can be expressed in torture, battering, causing varying degrees of severity of physical harm.Enough and threats of violence.
Murder committed in the heat of passion, should be distinguished from crimes committed as a necessary defense, due to the fact that it exceeded the limits provides a completely different skills, and motives are totally different.
Murder of passion committed with direct intent and indirect.The motive of the crime on the qualification does not affect.The subject of the crime is under 16 physically responsible person.It is a crime provided for in article 107 of the Criminal Code.In the second part of the article is provided by qualified staff - a crime in relation to 2 or more persons.In the event that committed the murder in a fit of passion, the person who committed it is best to take a highly qualified attorney who will be able to fully analyze the crime and the trial to prove that it was entirely a result of excessive emotion - it will significantly reduce the punishment.
