-The article is devoted to a detailed and critical analysis of the norms of foreign and domestic legislation on murder in a state of affect. The study includes comparative analysis of both the disposition construction of the legal norms that stipulate crimes of passion and justification of having or not having the considered crimes classified as a distinct offense. A comprehensive study of Russian and foreign criminal legislation revealed both positive aspects and existing gaps in the norms, which allowed to formulate proposals for improving the criminal law. Criminal codes of some countries contain separate norms similar to the Russian Criminal Code and provide for liability for a crime of passion the same as for a murder with mitigating factors. The legislation of several other countries does not stipulate distinct offences according to the considered category of crimes and bring to responsibility as for “ordinary” murders. The life of modern society is constantly changing under the influence of various factors in the result of integration and globalization. National legal systems are also changing, which is the basis for a detailed study and analysis of criminal legislation in order to compare and identify differences with domestic criminal law. A comparative study of legislation of foreign countries and Russia as well as a critical perspective on the ongoing changes give rise to completely new ideas which according to M. Ansel, “impossible to get even with a very good knowledge of a domestic law”1.
Volume 12 | Issue 6
Pages: 1288-1292
DOI: 10.5373/JARDCS/V12I2/S20201320