CONSIDERATION OF THE VICTIM’S BEHAVIOR WHEN SENTENCING A PERSON WHO COMMITS INTENTIONAL HOMICIDE IN A STATE OF INTENSE EMOTIONAL EXCITEMENT

Abstract

This article examines issues related to the consideration of the victim’s behavior when sentencing a person who has intentionally killed a person in a state of strong emotional distress. Special attention is paid to the fact that the main reason for the occurrence of a state of strong emotional distress in the guilty party is often the unlawful actions of the victim, in connection with which, in the legislation, sudden emotional distress is considered as a circumstance mitigating punishment. The objective side of the crime of intentional homicide in a state of strong emotional distress is analyzed, where murder is committed in response to violence by the victim; grievous insult (defamation of human dignity, accusation of committing a crime or immoral act, insulting religion or national affiliation); other unlawful actions or inaction of the victim (evading duties, etc.). In addition, it is emphasized that the negative actions of the victim in the commission of a crime can lead to the qualification of the act with the provision of mitigating conditions in favor of the accused. Special attention is paid to the fact that when determining the essence and nature of the object of a crime, it is important to take into account the personality of the victim, their lifestyle, and their position in the criminal environment, which should also be taken into account when imposing punishment.