The emotional state of a person as a sign of a crime: some features of criminal law significance

this scientific article is devoted to a comprehensive study of the role of emotional state as a sign of the subjective side of the crime. The relevance of the analyzed issue is due to the need to improve doctrinal developments and law enforcement practice, where the assessment of emotional states is often associated with ambiguity of interpretation, which affects the qualification of acts and the individualization of punishment. Within the framework of this article, an interdisciplinary analysis of emotional states is carried out from the point of view of such sciences as psychology, neurophysiology and psychophysiology. Having carried out a comprehensive analysis of emotional states from the point of view of the considered sciences, it has been established that such states are subjective experiences, neurobiological mechanisms and physiological reactions. In addition, the concepts of emotional state and emotions are distinguished. Subsequently, the evolution of accounting for emotional states in the history of domestic legislation is considered. After that, the various views and positions of specialists in criminal law science regarding the place of emotions in the composition of the crime are analyzed. In the course of the study, gaps in criminal legislation regarding the consideration of emotional states in the qualification of crimes and the individualization of punishment were identified, and therefore initiatives for its improvement were proposed.

emotions, types of emotions, emotional states, affect, reasons for the occurrence of affect, subjective side, corpus delicti, sign of corpus delicti