AFFECT AS A CRIMINAL LEGAL CATEGORY

Author(s): Savochkina O.A.

Rubric: Rostrum of the young scientist

DOI: 10.21777/2587-9472-2023-1-43-48

Release: 2023-1 (36)

Pages: 43-48

Keywords: crime, murder, affect, mockery, insult, illegal actions, violence, threats, immoral behavior

Annotation: The aim of the article is the need to conduct a study of affect as a criminal legal category, which is associated with problems in law enforcement practice in the qualification of privileged compositions of murders and causing serious harm to health in the heat of passion. The problems of determining affect lead to errors in the qualification of crimes. The solution of the research tasks predetermined the complex of research methods and the essence of the phenomenon under study. Such a set of methods includes the dialectical method of cognition, the method of analysis and synthesis, a systematic approach that contribute to a comprehensive and substantive study of the issues raised. The scientific novelty of the study is that based on the analysis of the provisions of criminal legislation, as well as the opinions of scientists, a proposal is made to understand affect as a special emotional state of the subject, as well as to consolidate a clearer concept in the disposition of Article 107 of the Criminal Code of the Russian Federation. The scientific and practical significance of the provisions of the article is as a methodological basis for the development and implementation of ways to solve problems that are associated with responsibility for crimes committed in a state of passion.

Bibliography: Savochkina O.A. AFFECT AS A CRIMINAL LEGAL CATEGORY // Journal of Legal Sciences. – 2023. – № 1 (36). – С. 43-48. doi: 10.21777/2587-9472-2023-1-43-48