Проблемы квалификации преступлений, совершенных в состоянии аффекта

Abstract

A significant role in the qualification of crimes under Articles 107 and 113 of the Criminal Code of the Russian Federation is played by the emotional state of the offender at the time of the assault. The article provides clear definitions and basic criteria of affect as a psychological and criminal-legal category. For an unmistakable and accurate determination of the mental state of the subject of the privileged corpus delicti, it is necessary to apply psychological knowledge about the causes and mechanisms of the occurrence and course of affect in criminal law. Psychological knowledge indicates a narrowing of consciousness and thought processes, a weakening of volitional regulation of behavior in a state of passion and, most importantly, emphasizes the connection of the response of the guilty with the unlawful behavior of the victim, explaining this by psychophysiological features, subsequent experiences of the guilty about the act committed in a state of passion in the form of regret for what happened. For a comprehensive investigation and accurate qualification of each individual crime in court proceedings, it is the first interrogations, witness statements and collected documents that are important. To confirm the state of affect, it is important for a forensic expert to carefully delve into the details preceding the commission of a crime (the presence of a traumatic situation) during the initial interrogation. The main thing is not to waste time, long breaks in time from the moment of the crime to the examination of the perpetrator reduce the likelihood of establishing the actual condition of the person, therefore psychologists and law enforcement officers should work together.