SPECIFICITIES OF THE QUALIFICATION OF A MURDER COMMITTED IN A STATE OF AFFECT

Author(s): Savochkina O.A.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2023-1.1-62-66

Release: 2023-1.1 (37)

Pages: 62-66

Keywords: qualification of crimes, corpus delicti, state of affect, article 107 of the Criminal Code of the Russian Federation, signs of a crime, murder

Annotation: The article discusses some features of the qualification of murder committed in a state of affect. The main objective and subjective features of this composition are considered, which serve to qualify the act in question in accordance with the criminal law norm. The scientific novelty of the article lies in the characterization of affect as a special feature of the corpus delicti. The establishment of this feature is particularly relevant due to the fact that affect is a mitigating circumstance provided for by the disposition of Article 107 of the Criminal Code of the Russian Federation. In the course of the research, both general scientific and private methods of cognition were used. The scientific and practical significance of the article lies in the possibility of using the main provisions of the study in the qualification of the considered corpus delicti and in the further development of the problems of criminal prosecution for murder in a state of affect.

Bibliography: Savochkina O.A. SPECIFICITIES OF THE QUALIFICATION OF A MURDER COMMITTED IN A STATE OF AFFECT // Journal of Legal Sciences. – 2023. – № 1.1 (37). – С. 62-66. doi: 10.21777/2587-9472-2023-1.1-62-66