Open AccessPROBLEMS OF QUALIFICATION OF THE KILLING PERFECT IN THE CONDITION OF AFFECT
Author(s) -
L.I. Minnikhanova,
R.M. Shageeva
Publication year - 2019
Publication title -
juvenis scientia
Language(s) - English
Resource type - Journals
eISSN - 2414-3790
pISSN - 2414-3782
DOI - 10.32415/jscientia.2019.03.08
Subject(s) - passion , affect (linguistics) , legislation , state (computer science) , law enforcement , enforcement , criminology , psychology , law , political science , social psychology , computer science , communication , algorithm
In the article, the authors consider some problems of qualifying a murder committed in the heat of passion. In particular, they talk about the problems of differentiation of physiological and pathological affect, the delimitation of murder in the state of passion from murder when the limits of necessary defense are exceeded, the problem of qualifying a crime in an affective state of the perpetrator, as a result of which the victim dies. Based on the study of doctrinal sources, law enforcement practice, it is concluded that the current criminal legislation in terms of the regulation of murder committed in the heat of passion needs to be improved.