Сriminological Characteristic of the Crimecommitted in the Case of Affect and the Identity of the Perpetrator

Abstract

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.