ASPECTS OF THE DIFFERENCE BETWEEN PREMEDITATED MURDER COMMITTED BEYOND THE LIMITS OF NECESSARY DEFENSE AND IN A STATE OF STRONG MENTAL EXCITEMENT
Keywords:
affect, overstepping self-defense, strong spirit excitement intentional, murder, crime, punishment, responsibilityAbstract
This article analyzes the different aspects of intentional homicide in a state of intense emotional excitement and beyond the bounds of necessary defense. This article focuses on two situations. First, jealousy is a concept that applies not only to the relationship between husband and wife but also to the relationship between people in a wider circle, and the feeling of jealousy is also between parents and children or other relatives, or between an engaged boyfriend and girlfriend. or opinions about the possibility of it occurring between those who love each other have also been analyzed. Continuing in the article, scholars who think about jealousy in the second place try to associate this concept with betrayal or infidelity. However, it is appropriate to take into account that infidelity between a couple can be done not only by betrayal but also by hugging or expressing love to another person, and thirdly, there are many situations that cause jealousy. In addition, when qualifying the act with Article 98 of the Criminal Code, he also explained the expediency of paying attention to the sudden and sharp occurrence of a state of strong emotional excitement caused by jealousy.
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