Murder in a state of affect

In criminal law there is such a thing as killing in a state of affect, by which is meant the infliction of death on another person as a result of a strong, suddenly arising out of the unlawful or immoral actions of the victim himself, of mental unrest.

Illegal actions include the perpetration of violent acts, bullying, insults, the creation of a long-term psycho traumatic situation caused by the victim's behavior (for example, husband's drunkenness).

Affect in criminal law is divided into two types: pathological and physiological. Pathological affect is understood as a temporary disorder of the psyche, in which a person is deemed insane, he is unable to give an account of actions, and also to manage them. Therefore, measures of a medical nature must be applied to it.

With physiological affect, the ability to give a report in their actions and to manage them is significantly reduced. Nevertheless, the person who committed the crime is liable to criminal liability and must answer before the law. But the state of affect is taken into account and the responsibility is much less than for ordinary murder, since such a crime is less dangerous. In order to determine the type of affect, a psycho-psychiatric examination is carried out.
When a state of affect occurs, a person's consciousness is suppressed, and the ability to think narrows. A strong emotional excitement takes possession of a person, which manifests itself in the form of violent movements, disordered speech, heightened tone. Actions are manifested in the form of peculiar explosions. Murder is committed at the peak of moral experience.

To recognize murder in a state of affect as such, a crime must meet the following conditions:
- it is committed as a result of excessive spiritual unrest;
- criminal intent arose suddenly;
- the intention arose as a reaction to the wrongful conduct of the victim himself;
- The temporary gap between the occurrence of a traumatizing situation and the crime should for the most part be minimal. (An exception, for example, is the situation when the perpetrator suddenly saw a man who once raped his wife, got agitated and immediately committed a murder).

To the provocations that served as the occasion for the crime committed, it is possible to attribute:
- immoral actions;
- Violence;
- antipruritic or amoral behavior, which is systemic in nature;
- grave insults;
- bullying.
The immoral behavior of the victim is expressed in such acts, which can serve to bring the criminal (the affect) into an agitated state. For example, this is a betrayal of loved ones or adultery.
Violence can be expressed in torture, beatings, causing various degrees of severity of physical harm. Enough and threats of violence.

Murder committed in a state of affect must be delimited from a crime that is committed as a necessary defense , because the excess of its limits provides for a completely different qualification, and the motives are completely different.

Murder in a state of affect is committed with a direct intent and with an indirect one. The motive of the crime for qualification does not influence. The subject of the crime is a physically responsible person who has reached the age of 16. This crime is provided for in Article 107 of the Criminal Code of the Russian Federation. The second part of the article provides for a qualified composition - the commission of a crime against two or more persons. In the case of murder in a state of affect, the person who committed it is best to hire a highly qualified lawyer who will be able to fully analyze the crime and prove at the trial that it was absolutely the result of excessive emotional unrest - this will significantly reduce the punishment.