CRIMINOLOGICAL CHARACTERISTICS OF CRIMES COMMITTED IN A STATE OF PASSION

Аннотация

Articles 98 and 106 of the Criminal Code of the Republic of Uzbekistan provide for liability for the commission of a crime in one of the manifestations of a person's mental state, ie in a state of strong emotional arousal (affect). In addition, strong mental arousal (affect) is enshrined in criminal law as a mitigating circumstance as an important manifestation of a person’s mental state. This crime manifests itself as a response to the victim’s illegal and immoral behavior. It is the victim's illegal and immoral behavior that is considered a "forgivable" situation and leads to a decrease in the level of social risk of the crime. This article analyzes the composition and qualification of crimes committed in a state of strong emotional excitement under Articles 98 and 106 of the Criminal Code of the Republic of Uzbekistan, the individual characteristics of the offender in a state of affect, his behavior, motivation to commit a crime. The basic approaches to understanding affect, as well as the problems of its legal and psychological understanding, are discussed in detail. As a result of the analysis, the article analyzes the characteristics of the perpetrators of this category of crimes and proposes to further improve the criminal legislation of the Republic of Uzbekistan.