Abstract:
Розглянуто визначення емоційних станів, що охоплюються поняттям «стан сильного душевного хвилювання», виділені юридично значущі психологічні стани особи, актуальні в момент вчинення злочину. Досліджено проблеми, які виникають на практиці під час з’ясування психологічного стану особи злочинця. Внесено пропозиції щодо нової редакції ст. 116 КК України стосовно визначення поняття
«стан сильного душевного хвилювання».
Description:
The author has considered the definition of emotional states covered by the concept of "state of strong emotional excitement", and allocated legally significant psychological states of the person actual at the moment of commission of a crime. He has studied problems arising in practice during the clarification of the offender’s psychological state.
As a result of the analysis, it has been found that in the psychological literature there is no generalizing concept that would cover all emotional states that affect a person's ability to realize his/her actions and (or) control them, and the concept of "state of strong emotional excitement" used in criminal law, has its roots in antiquity, and therefore there are some differences between modern psychological science and problems in the practical application of criminal law. This article lists the emotional states that can significantly affect a person's ability to be aware of his/her actions, as well as identifies legally significant mental states that can be attributed to a "state of strong emotional excitement", namely: affect, frustration, stress, conflict. However, in cases where the actions of persons who have committed criminal acts in a state of conflict, stress or frustration, which may refer to the category of "strong emotional excitement", should not include all the facts when persons were in such states, but only those when individuals have the ability to be aware of their actions and control them was significantly reduced. And this fact can be determined only by relevant experts during the forensic psychological examination of the emotional state. There is the author’s offer to consider the possibility of amending Art. 116 of the Criminal Code of Ukraine, which will relate to a clear definition of which conditions can be taken into account as mitigating circumstances. One option is to suggest the title of this article in the following wording: "Intentional homicide in a state of strong emotional excitement (affect, frustration, stress, conflict)". This legislator’s step will avoid differences in the interpretation of the concept of "state of strong emotional excitement". An appropriate adjustment is also required by Part 4 of Article 36, Part 3 of Article 39, Clause 7, Part 1 of Article 66 and Article 123 of the Criminal Code of Ukraine, which also uses the term "strong emotional excitement".
