Murder committed in a state of passion: Article 107 of the Criminal Code of the Russian Federation

1. Murder committed in a state of sudden strong emotional excitement (affect) caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychologically traumatic situation that arose in connection with systematic illegal or immoral behavior of the victim, -

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to three years, or forced labor for a term of up to three years, or imprisonment for the same term.

2. Murder of two or more persons, committed in a state of passion, -

shall be punishable by forced labor for a term of up to five years or imprisonment for the same term.

• Article 106. Murder of a newborn child by a mother
• Article 108. Murder committed by exceeding the limits of necessary defense or by exceeding the measures necessary to apprehend the person who committed the crime

What is a state of affect

Affect is a high-intensity psychophysical process that lasts a short time and occurs in response to a threatening situation.
In this state, rational thinking is pushed into the background by the unconscious. The main criterion for the state of passion in criminal law is the sudden occurrence of strong emotional excitement. In psychiatry, affects are divided into two groups:

• asthenic: associated with fear, grief or sadness, expressed in inhibition of the body, sometimes even stupor may occur;
• sthenic: associated with rage, fear and anger, expressed in a person’s increased endurance, strength, agility and speed.

As a rule, crimes are committed in a state of sthenic affect, which is why the Criminal Code of the Russian Federation deals with this particular type.

In legal psychology, affect is divided into three types depending on the nature of the situation and the degree of impact on the psyche:

• physiological: can be caused only by a single exposure to psychotraumatic factors; in most cases, with physiological affect, a complete loss of self-control is not observed.
• pathological: this is a short-term mental disorder, this condition is characterized by a complete loss of self-control and clouding of consciousness, this condition is quite rare in criminal practice;
• cumulative: can be caused by repeated exposure to traumatic factors and situations, characterized by a complete loss of control over oneself.

The reasons for the occurrence of a state of passion, in accordance with the comments to Article 107 of the Criminal Code of the Russian Federation, can be:

• immoral behavior and/or actions of the victim;
• physical or mental violence (for example, threats of death or serious bodily harm, beatings, publication of compromising information, etc.);
• humiliation of a person’s dignity and honor (as a rule, we are talking about a serious insult);
• all of the above actions, committed with particular cynicism and/or lasting a long time, repeated many times.

It is impossible to say exactly how long the state of passion lasts. This state can last from several seconds to several minutes, but much less than 15-20 minutes.

Please note that for a crime committed in a state of passion, criminal liability is not removed from the perpetrator. Affect can only soften the punishment. The exception is crimes committed in a state of pathological passion. In this case, the criminal is declared insane and all charges against him are dropped.

Actions of the victim that provoke the occurrence of strong emotional disturbance (affect)

The crime provided for in Article 107 of the Criminal Code of the Russian Federation refers to murder under mitigating circumstances, which is due to the special mental state of the perpetrator caused by the behavior of the victim himself. In each case, it is necessary to establish that the affect (strong emotional disturbance) was sudden and occurred as a result of the reasons specified in the law, caused by the behavior of the victim.

Violence that causes a state of passion can be either physical (beatings, causing harm to health of varying degrees of severity, kidnapping, etc.) or mental (threats of murder, harm to human health, destruction or damage to property, dissemination of slanderous information and etc.). It is important that this violence is unlawful; The legitimate actions of the victim, even those associated with causing harm to the physical or mental health of the subject of the crime, are not the basis for strong emotional disturbance in the sense of Art. 107 of the Criminal Code of the Russian Federation.

Bullying is the deliberate infliction of moral suffering through physical or mental (informational) influence on a person; it can be one-time (for example, evil ridicule) or ongoing (for example, systematic censure, bullying) in nature;

A grave insult is a gross humiliation of the honor and dignity of the perpetrator on the part of the victim, expressed in an indecent form. Assessing the severity of the insult that provoked an affective state is the prerogative of the investigative authorities and the court, and both objective and subjective factors must be taken into account.

Other illegal actions (inaction) on the part of the victim are gross violations of the rights and legitimate interests of the guilty person, his loved ones, society and the state. It does not matter which branches of law are violated by the victim.

Immoral actions means contrary to morality, immoral. For example, treason, betrayal, rudeness, deceit, sexual harassment, etc. Any immoral actions that actually caused a state of strong emotional disturbance in the guilty person can be recognized as the basis of passion.

A long-term psychotraumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim is a certain set of negative life circumstances associated with the behavior of the victim, which are recognized by the perpetrator as unwanted and psychotraumatic. This situation is characterized by a long-term accumulation of negative emotions and ends with a psycho-emotional explosion, when the next episode of the victim’s behavior or other actions (for example, a third party reporting to the perpetrator about facts of unlawful or immoral behavior of the victim unknown to him) overflows the “cup of patience.”

As judicial practice recognizes, there should be no gap in time between the provoking behavior of the victim and the affect. Only in exceptional cases, taking into account special factors or in connection with a long-term traumatic situation, is a certain gap in time possible.

When investigating such circumstances, a forensic psychiatric examination is required, and in particularly complex cases, a comprehensive psychological and psychiatric examination.

Composition and qualification of the crime

Murder committed in a state of passion is qualified under Article 107 of the Criminal Code of the Russian Federation. When qualifying a crime, it is very important to take into account time as a sign of the objective side. In accordance with this, the time of appearance of the grounds for the emergence of a state of passion, the time when the passion arose and the time when the murder was committed are clearly distinguished.

Note that affect cannot be caused by events that happened long ago. Even if the victim’s actions, provoking the state of passion, were repeated many times over a long period, the affect arises at the moment of the last manifestation of inappropriate behavior of the victim in relation to the accused.

Corpus delicti:

• object: social relations that develop regarding the citizen’s exercise of the right to life;
• objective side: action or inaction;
• subject: capable citizen over 16 years of age;
• the subjective side of murder in a state of passion: sudden indirect or direct intent.

The qualifying feature of this crime, committed in a state of passion, is the murder of two or more people.

Commentary to Art. 107 of the Criminal Code of the Russian Federation

As in the previous case, the object and objective side of the crime coincide with these signs considered in relation to Part 1 of Art. 105 of the Criminal Code of the Russian Federation.

Killing in the heat of passion is traditionally a privileged crime. The basis for mitigation of liability in this case is the special psycho-emotional state of the perpetrator - strong emotional excitement (affect) caused by the victimized behavior of the victim of the crime.

The legislator uses the concepts of “strong emotional disturbance” and “affect” as equivalent. However, judicial practice gives them different meanings. Affect is considered only as a psychological and psychiatric characteristic of the state of the perpetrator at the time of the murder, serving as one of the proofs of his strong emotional disturbance. At the same time, this strong emotional excitement itself may not be accompanied by affect.

To determine the psychological and mental state of the perpetrator at the time of the crime, a comprehensive psychological and psychiatric examination should be prescribed. However, the experts’ indication that the state of the perpetrator at the time of the crime was not of the nature of physiological affect cannot in a particular case affect the objective legal assessment of this state, since it is given by the law enforcement officer himself, taking into account the nature of the victim’s behavior and the suddenness of the implementation of the intent to kill , other circumstances of the case.

Strong emotional disturbance is an exceptionally strong, quickly arising and rapidly occurring short-term emotional state, which can be characterized as an “explosion” of emotions in response to the unlawful behavior of the victim, making it difficult to adequately perceive reality and choose the best course of action in the current situation.

Affect is the highest manifestation of strong emotional excitement. In forensic psychiatry, affect is classified into pathological, which excludes sanity (see commentary to Article 21 of the Criminal Code of the Russian Federation), and physiological, which is discussed in Art. Art. 107, 113 of the Criminal Code of the Russian Federation. This gradation is based on the nature and degree of influence of the mental state on the consciousness and will of the subject.

Physiological affect is characterized by inhibition of the functions of the cerebral cortex and emancipation of subcortical centers, which leads to disruption of conscious-volitional processes. Anticipation of the consequences of one's actions becomes vague; control over behavior - impulsive, chaotic, unfocused; attention is disrupted (it becomes focused on the source of affect); All the forces of the body are mobilized for emotional release, accompanied by a powerful release of adrenaline into the blood, increased motor activity and an increase in physical strength. Affect is evidenced by a sharp decrease in consciousness with an expressive experience of resentment, anger, rage, motor automatism, fragmentary perception with forgetting many details of what was done; exit from the state of affective arousal is characterized by typical post-affective asthenia and emotional reactivity.

A mandatory sign of an affective state is the suddenness of its occurrence. When deciding whether strong emotional disturbance suddenly arose, one should proceed from the totality of the specific circumstances of the case, comprehensively, fully and objectively examined in court.

According to the law, for the occurrence of strong emotional disturbance, special grounds are required - illegal or immoral behavior of the victim. Their absence excludes the possibility of qualifying murder under Art. 107 of the Criminal Code of the Russian Federation, even if the perpetrator was in a state of strong emotional disturbance at the time of the murder. The law recognizes the following as grounds for strong emotional disturbance:

a) violence, i.e. physical or mental impact on the subject of the crime. Physical violence is beating or intentional unlawful infliction of physical harm to a person’s health against or against his will. Mental violence is a real, actual threat on the part of the victim to cause harm to the legally protected interests of the subject of the crime. It is important that this violence is unlawful; The legitimate actions of the victim, even those associated with causing harm to the physical or mental health of the subject of the crime, are not the basis for strong emotional disturbance in the sense of Art. 107 of the Criminal Code of the Russian Federation. If violence on the part of the victim created the right to the necessary defense, then the deprivation of life of the offender can form a crime only if there are signs provided for in Art. 108 of the Criminal Code of the Russian Federation; Art. 107 of the Criminal Code of the Russian Federation does not apply in this case;

b) bullying is the deliberate infliction of moral suffering through physical or mental (informational) influence on a person; it can be one-time (for example, evil ridicule) or ongoing (for example, systematic censure, bullying) in nature;

c) grave insult is a gross humiliation of a person’s honor and dignity, which can be considered a sufficient reason for the occurrence of passion. A grave insult may have all the elements of a crime under Art. 130 of the Criminal Code of the Russian Federation, including indecent form. However, this is not enough to characterize the insult as grave. It is necessary that the humiliation of honor and dignity be of a deep, cynical, exceptional nature, which is assessed in each specific case, taking into account all other circumstances of the case. Moreover, due to established practice, actions that formally do not contain elements of a crime under Art. 130 of the Criminal Code of the Russian Federation (for example, the behavior of the victim, who observed the process of rape and did not interfere with it, cannot be assessed in isolation from the actions of the rapist, and therefore is recognized as degrading the honor and dignity of a woman and is regarded as a grave insult);

d) other illegal or immoral actions (inaction) of the victim - this is behavior that violates moral or legal norms. These may be non-violent crimes (for example, arbitrariness, destruction or damage to property, etc.), other offenses, as well as immoral acts (for example, adultery or systematic drunkenness). It is important that murder must be qualified as committed in a state of passion, regardless of whether these actions entailed or could entail grave consequences for the perpetrator or his relatives;

e) a long-term psychotraumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim is a certain set of negative life circumstances associated with the behavior of the victim, which are recognized by the perpetrator as unwanted and psychotraumatic. This situation is characterized by a long-term accumulation of negative emotions and ends with a psycho-emotional explosion, when the next episode of the victim’s behavior or other actions (for example, a third party reporting to the perpetrator about facts of unlawful or immoral behavior of the victim unknown to him) overflows the “cup of patience.”

The grounds specified in the law (violence, bullying, serious insult, illegal or immoral behavior, a psychologically traumatic situation) can cause strong emotional disturbance only in combination with the psychological characteristics of a person’s personality (active position, vulnerability, orientation to accepted norms of behavior, the need to protect and etc.). In this case, the victim’s actions can be directed both directly against the guilty person and against other persons.

When qualifying murder in a state of passion, time is of great importance as a sign of the objective side of the crime. It is necessary to distinguish between the time of occurrence of the basis of strong emotional disturbance, the time of occurrence of the strongest emotional disturbance, the time of emergence and implementation of the intent to kill. As a rule, with classic affect there is no or an extremely insignificant gap between the marked time points. Practice consistently adheres to this opinion: murder in a state of strong emotional excitement presupposes the absence of a gap in time between the circumstances that aroused emotional excitement and the subsequent murder, and if there is one, its duration should be established taking into account the specific circumstances of the case. At the same time, the inclusion of a psychotraumatic situation among the reasons for strong mental agitation allows us to establish that the behavior that serves as the basis for the emergence of emotional agitation can be distant in time from the affect itself (in this case, cumulative). The main thing is that the intent to kill arises and its implementation takes place while the culprit is in a state of strong emotional agitation.

The subjective side of murder in a state of passion is characterized by guilt in the form of sudden direct or indirect intent. Intention can be specified or unspecified; in the latter case, the qualification of the act is carried out in accordance with the actual consequences. Careless causing of death in a state of passion entails liability under Art. 109 of the Criminal Code of the Russian Federation; a state of strong emotional excitement in this case is recognized as a mitigating circumstance.

The motives for murder can be different; they are associated with the illegal or immoral behavior of the victim (revenge, jealousy, etc.). Without affecting qualifications, they have important evidentiary value for establishing strong emotional disturbance and can be taken into account when sentencing.

An error in the identity of the victim does not exclude liability under Art. 107 of the Criminal Code of the Russian Federation.

The subject of a murder in a state of passion is a natural, sane person who has reached the age of sixteen (general subject). Persons aged fourteen to fifteen years are not liable for intentionally causing death in a state of strong mental agitation.

The qualifying feature of the crime is murder in a state of passion of two or more persons (Part 2 of Article 107 of the Criminal Code of the Russian Federation). According to Part 2 of Art. 107 of the Criminal Code of the Russian Federation qualifies the infliction of death on two or more victims if illegal or immoral actions that gave rise to passion were committed by each of them. In this case, due to established practice, it does not matter whether the simultaneous deprivation of life of two or more persons is committed or the perpetrator commits two or more affected murders with a gap in time. If, in a situation of murder of two persons in a state of passion, the actions of the perpetrator do not lead to the death of one of the victims, the act (by analogy with the recommendations of the Plenum of the Supreme Court regarding the qualification of murder under clause “a”, part 2 of article 105 of the Criminal Code of the Russian Federation) should be qualified according to set of crimes provided for in Part 1 of Art. 107, part 3 art. 30 and part 2 art. 107 of the Criminal Code of the Russian Federation. In a situation of murder of two or more persons, when a state of strong emotional disturbance was caused by the behavior of only some of them, liability arises for the totality of crimes provided for in the relevant parts of Art. 107 and art. 105 of the Criminal Code of the Russian Federation. Intentional infliction of death in a state of strong emotional disturbance to one victim and careless infliction of death on another person, whose behavior is not related to the occurrence of passion, is classified as a set of crimes provided for in Art. Art. 107 and 109 of the Criminal Code of the Russian Federation.

Committing a murder in a state of strong emotional excitement in the presence of the signs specified in Part 2 of Art. 105 of the Criminal Code of the Russian Federation, does not change the qualification of the offense under Art. 107 of the Criminal Code of the Russian Federation. Within the meaning of the law, murder should not be regarded as committed with the qualifying criteria provided for in paragraphs. “a”, “d”, “e”, “e.1” part 2 of Art. 105 of the Criminal Code of the Russian Federation, as well as in circumstances that are usually associated with the idea of ​​special cruelty (in particular, multiple injuries, murder in the presence of persons close to the victim), if it was committed in a state of sudden strong emotional disturbance (clause 16 of the Resolution of the Plenum of the Supreme Court RF dated January 27, 1999 No. 1 “On judicial practice in murder cases (Article 105 of the Criminal Code of the Russian Federation)”).

Liability for murder committed in the heat of passion

According to Part 1 of Art. 107 of the Criminal Code of the Russian Federation for murder in a state of passion gives:

• correctional labor for up to 2 years;
• restriction of freedom for up to 2 years;
• forced labor for up to 3 years;
• imprisonment for up to 3 years.

If a citizen commits the murder of several people in a state of passion, he faces forced labor for up to 5 years, or imprisonment for up to 5 years.

It is worth noting that attempted murder in a state of passion is not qualified under Article 107.

How to prove a state of passion

In order to qualify a crime under Article 107 of the Criminal Code of the Russian Federation, it is necessary to prove that the offender was in a state of passion.

Signs of affect are:

• an unexpected threat to the criminal or his close relatives;
• explosive emotional and behavioral reaction of the accused;
• partial impairment of consciousness (for example, reality is perceived distorted);
• loss of control over one's behavior;
• loss or decrease in the ability to predict consequences;
• a feeling of unreality of what is happening;
• depersonalization, i.e. the accused seems to be observing his actions from the outside;
• memory loss, complete or partial (meaning specifically about the events that occurred during the affect);
• speech impairment (screaming, incoherence, etc.);
• increased gesticulation.

After a state of passion, the criminal experiences feelings of exhaustion, both physical and mental, fatigue, a feeling of hopelessness, and a lack of understanding of what happened. The perpetrator may also experience trembling limbs and pale skin.

The state of affect is determined only after a psychiatric examination. Only after a thorough study of the causes of the emotional outburst, the mental state of the accused, and traumatic factors is it concluded whether the criminal was in a state of passion or not.

Arbitrage practice

To make it more clear how passion is qualified in criminal law, let’s consider several examples of crimes of passion from judicial practice.

Example No. 1. Citizen M. lived with her common-law husband, citizen K. Citizen K., when he was intoxicated, beat citizen M. Once again, when citizen K. got drunk and beat citizen M. Citizen M. took a kitchen knife and, While citizen K. was washing his hands in the bathroom, in a state of passion, she inflicted 20 stab wounds on him, hitting vital organs. Citizen M. claimed that she did not remember how she entered the bathtub, and how many blows she gave to citizen K. During a psychiatric examination, it was found that she did not control her actions, and it was established that citizen M. was in a state of cumulative affect. The court sentenced her to 2 years of correctional labor.

Example No. 2. Citizen A. and citizen D. were drinking together, celebrating the birthday of citizen D. During their conversation, an argument ensued. After some time, this dispute turned into mutual insults. Citizen A. began calling citizen D. after which citizen D. attacked citizen A. and strangled him. During interrogation, citizen D. said that he does not remember how he grabbed citizen A. by the neck, he only remembers that he squeezed his hand tightly and shouted to citizen A.: “Don’t you dare talk to me like that!” During the psychiatric examination, it was established that citizen D. was in a state of physiological affect, since citizen A. was found to have multiple bone fractures, which a person cannot inflict with his bare hands. The court sentenced citizen D. to 1 year and 6 months of restriction of freedom.

Judicial practice under Article 107 of the Criminal Code of the Russian Federation

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 08/09/2018 N 26-APU18-1sp
Gurazhev B.T. convicted under Part 1 of Art. 107 of the Criminal Code of the Russian Federation to 2 years 11 months of restriction of freedom. The time of detention of B.T. Gurazhev was counted. in custody from December 5, 2015 to April 6, 2021 and October 10, 2017 to May 31, 2021 during the term of serving the sentence at the rate of one day in custody for two days of restriction of freedom and was released from the imposed punishment due to its actual departure;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 19, 2018 N 23-APU18-5

In the appeal and additions, the convicted Malsagov I.R., expressing disagreement with the verdict, considers it illegal and unfounded, decided in violation of the criminal procedure law. He believes that the verdict is based on his initial testimony given during the preliminary investigation as a result of illegal methods, and there is no other evidence of his guilt. He claims that he had no intention of taking possession of the victim’s car, U. insisted on entering into a close relationship with her, and after having sexual intercourse with her, she began to threaten that she would report rape to the police, from which he lost control of himself and strangled U. In his opinion, the court ignored his arguments about the circumstances of the crime and did not give them a proper assessment. He also indicates a violation of his right to defense, since he was not familiarized with the minutes of the court hearing and was not provided with a copy of it, which prevented him from writing additions to the complaint. He asks to cancel the verdict and send the case for a new trial or to reclassify his actions from paragraph “h” of Part 2 of Art. 105 and paragraphs “b”, “c”, part 4 of Art. 162 of the Criminal Code of the Russian Federation at Art. 107 of the Criminal Code of the Russian Federation, imposing punishment on him in accordance with the sanction of this article.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 25, 2018 N 49-APU18-12

In additions, Sharipov L. draws attention to the fact that there was no intent to kill the victim. They did not agree on this with their brother, and only intended to take the proceeds from some kiosk under the threat of an ax. Moreover, the murder of the taxi driver was committed during the conflict as a result of the insults expressed, from which he was in a state of passion, as a result of which in this part his actions are subject to qualification under Art. 107 of the Criminal Code of the Russian Federation.

Cassation ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 02/05/2019 N 5-O19-1

In the cassation appeal, lawyer Efimenkov Yu.A. indicates an incorrect legal assessment of what Magomedov committed, raises the question of reclassification of actions from paragraph “e” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation on Part 1 of Art. 107 of the Criminal Code of the Russian Federation, motivating the fact that the convicted person was in a state of passion caused by an indecent proposal from the victim. He also points out the excessive severity of the punishment, believing that it was imposed without taking into account all the information about Magomedov’s personality.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated June 25, 2019 N 74-APU19-4sp

Convicted under paragraph “c” of Part 2 of Art. 115 of the Criminal Code of the Russian Federation to restriction of freedom for a period of 1 year and in accordance with Part 8 of Art. 302 and paragraph 3, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation was exempted from serving a sentence due to the expiration of the statute of limitations for criminal prosecution, under paragraph “c” of Part 2 of Art. 115 of the Criminal Code of the Russian Federation to restriction of freedom for a period of 1 year and in accordance with Part 8 of Art. 302 and paragraph 3, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation was exempted from serving a sentence due to the expiration of the statute of limitations for criminal prosecution, under Part 1 of Art. 139 of the Criminal Code of the Russian Federation to a fine of 10,000 rubles and in accordance with Part 8 of Art. 302 and paragraph 3, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation was exempted from the imposed punishment due to the expiration of the statute of limitations for criminal prosecution, under Part 2 of Art. 107 of the Criminal Code of the Russian Federation to imprisonment for a term of 2 years in a colony settlement, released from serving the sentence upon expiration of the term, taking into account the time he was in custody.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06.08.2019 N 48-APU19-22

lawyer Goroshko E.O. in defense of convicted Gruzina A.A. asks the court verdict to change the actions of A.A. Gruzina. reclassify from paragraph “g” of Part 2 of Art. 105 of the Criminal Code of the Russian Federation on Part 1 of Art. 107 of the Criminal Code of the Russian Federation. In support of the arguments of the complaint, he points out that the factual circumstances of the case were established incorrectly by the court;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated August 20, 2019 N 32-APU19-6

Referring to the examined evidence, he points out that the situation at the scene of the incident, Platonov’s emotional state after the victims inflicted bodily harm and insults on him, his state of health, the presence of a mental disorder and age, indicate that Platonov was in a state of strong mental agitation and his actions were subject to qualification only according to Part 2 Art. 107 of the Criminal Code of the Russian Federation.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 17, 2019 N 59-APU19-8

In the appeal and additions, the convicted Kot V.V. asks to change the sentence, reclassify his actions under Part 2 of Art. 107 of the Criminal Code of the Russian Federation, which provides for liability for the murder of two persons committed in a state of passion, and mitigate the punishment, arguing that by their illegal behavior, expressed in insulting him, the victims caused him strong emotional disturbance. The court considers the court's conclusions that he was not in a state of passion unfounded, and considers the expert opinion on this issue to be unreliable and obtained in violation of the norms of criminal procedure law. He was unreasonably denied the appointment of a repeated psychological and psychiatric examination in the case. In addition, he believes that the court unreasonably recognized the fact that he was intoxicated as an aggravating circumstance. At the same time, it indicates that a medical examination was not carried out in relation to him, and the testimony of witnesses that he drank alcohol before committing the crime is not enough to conclude that this aggravating circumstance exists in the case, since the witnesses could not say how drunk he was, he himself believes that he drank little and was essentially sober. In the addition dated July 22, 2021, he claims that the judge imposed an excessively harsh sentence on him only because before the debate of the parties he insulted him and the prosecutor with obscene words, and asks to cancel the sentence, and in the addition dated August 12, 2021, the convict challenges a negative characterization given to him by the district detective, and indicates that he presented to the court positive characteristics from his place of residence and work.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated September 12, 2019 No. 18-APU19-17

- lawyer Suchenko P.Ya. in the interests of the convicted person, Danilov asks to change the sentence and reclassify Danilov’s actions to Part 2 of Art. 107 of the Criminal Code of the Russian Federation, which provides for liability for the murder of more than two persons, committed in a state of passion caused by a long-term psychologically traumatic situation that arose in connection with the systematic immoral behavior of the victims;

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 10.10.2019 N 57-APU19-5

There was no data established in the case that would indicate that Antonov was in a state of strong mental agitation, which, within the meaning of Art. 107 of the Criminal Code of the Russian Federation must be due to nothing other than the illegal or immoral behavior of the victims, or one of them. Thus, taking into account the conclusion of a commission of experts who, during the course of research, did not establish mental and psychological deviations in the convict’s state, as well as based on an analysis of the actions he committed to prepare for a crime and implement criminal intent, which were consistent and purposeful, his behavior during the period , which followed the event of the crimes and directly at the trial, the court had no compelling reasons to doubt his sanity.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated November 12, 2019 N 31-APU19-8

Referring to the conclusion of a forensic psychiatric examination regarding Nikitin E.S., which established the presence of a mental disorder in the form of an emotionally unstable personality disorder of the impulsive type, he considers it correct to qualify the actions of Nikitin E.S. upon causing the death of S. under Part 1 of Art. 107 of the Criminal Code of the Russian Federation, claiming that S. insulted Nikitin and his parents during the conflict, which greatly angered the convict and he did not understand what he was doing. Please note that the incriminated acts Nikitin E.S. committed when he was a minor, wrote a confession. He asks that the sentence be overturned and that the criminal case be sent for a new trial.