Abstract

In the article, the authors consider some problems of qualifying a murder committed in the heat of passion. In particular, they talk about the problems of differentiation of physiological and pathological affect, the delimitation of murder in the state of passion from murder when the limits of necessary defense are exceeded, the problem of qualifying a crime in an affective state of the perpetrator, as a result of which the victim dies. Based on the study of doctrinal sources, law enforcement practice, it is concluded that the current criminal legislation in terms of the regulation of murder committed in the heat of passion needs to be improved.

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