CRIMINAL-LEGAL CHARACTERISTICS OF PREMEDITATED MURDER COMMITTED IN A STATE OF INTENSE MENTAL AGITATION

Аннотация

This article examines the criminal law characteristics of intentional murder committed in a state of intense emotional agitation. Particular attention is paid to distinguishing between physiological and pathological affect as conditions that influence the degree of culpability and the legal classification of the act. The role of a psychologically traumatic situation and the immoral behavior of the victim in forming the offender’s affective state is analyzed. The author emphasizes the importance of an individualized approach when assessing the emotional state of the offender, as well as the need to consider psychological traits and the circumstances preceding the crime. The article reviews judicial practice and notes that the correct classification of murder committed in a state of affect requires a comprehensive psychological and legal analysis.