Law Journal of the National Academy of Internal Affairs

In the criminal code of Ukraine no indication of any emotional States that are part of the structure of strong emotion. The term "heat of passion" is used in the five norms of the criminal code of Ukraine: part 4 of article 36 "self-defense", part 3 of article 39 "the urgency", paragraph 7 of part 1 of article 66 "Circumstances that mitigate punishment", article 116 of the "Premeditated murder committed in the heat of passion", article 123 "Intentional serious bodily injury inflicted in the heat of passion". The complexity of the definition of the term is that in psychology it is not used. The uncertainty of this term in other branches of science, an ambiguous effect on his understanding in criminal law. The basis for mitigation of responsibility and punishment for crimes committed in the heat of passion, is the focus of the actions of the perpetrator, which in General is not inherent in and formed under the influence of strong emotion, resulting in a provocative situation. But it can only be provided if the structure of the individual fault do not exist traits such as violence or propensity for violence. If, however, the qualification of the crime will be found to be committing violence is the main purpose of the actions of the perpetrator, and the motive of the crime is not connected with a conflict situation created by the injured person, the sentencing for such crime is carried out on a common basis.