Study On The Criminal Responsibility Of Crime By Passion

Crime by passion was first derived from the discourse of Cesare Lombrosothe, thefounder of criminology, upon criminal by passion in the classification of criminal. It wasoften referred to in the classification of criminal causes in criminal psychology after that. Inchina, problems about crime by passion have long been contentious issues of the circle ofcriminal law and judicial practice. With the furious social response caused by the case of“intentional killing committed by Yaojiaxin”, crime by passion once again became the focusof arguments. Due to the inexplicit stipulation of the criminal legislation and judicialinterpretation in china, discretion on criminal responsibility is the core of the argument. Thispaper points that the disunified cognition of the basic meaning and the disorder of the researchapproach on criminal responsibility result in the disagreement on the criminal responsibilityof crime by passion. Taking the definition of the meaning of crime by passion as a start point,this paper demonstrates along the approach of the foundation of giving criminal sanctions andthe factors that influence the discretion of criminal responsibility, trying to give some adviceon legislation and execution of crime by passion. It contains four parts, about27,000words.The first part discusses the origin of the concept of crime by passion and the basicmeaning and feature of it, and explains it under current judicial interpretation. As the theorybasis of the research on criminal responsibility of crime by passion, this part not onlydiscusses the origin of crime by passion, but also emphasizes the definition of the meaningand the analysis of the feature of crime by passion. First, as to the definition of the meaning ofcrime by passion, traditional views believe that crime by passion was an irrational andreckless behavior committed by criminal of negative passion when stimulated byinappropriate words and acts of the victim. But the author believes that it’s enough to definecrime by passion as a criminal behavior committed under a state of strong and temporarypassion. Second, the author’s view about terms of crime by passion implied or referred to bythe current judicial interpretation is expressed, and a clear line between crime by passion andconcept like crime with indignation motive.The foundation of giving criminal responsibility to crime by passion is demonstrated inthe second part of this paper. Through the analysis of the foundation of the criminalresponsibility of crime by passion in philosophy and legal fact, this part refutes the view that passion can pullback the responsibility. In the aspect of philosophy, criminal responsibility isinflicted on the criminal because his/her mind was relatively free when committing a crime,which is imputative. In the aspect of the constitutive requirement of crime, when a criminalwas mentally normal as committing a crime and of subjective sin and committed a crime thatis forbidden by criminal legislations, criminal responsibility is borne for him/her.The factors that influence the discretion of the responsibility of crime by passion areanalyzed in the third part. As there are kinds of misunderstanding in leniently penalizingcrime by passion, this part explains respectively in such aspects as the criminalhimself/herself, the fault of the victim, the third party and the nature condition that not allcrimes by passion are able to be penalized leniently. leniently punishment case even if there is,that the criminal responsibility is also considering the result of multiple factors.The fourth part of this paper gives some advice on execution and legislation of criminalresponsibility as to crime by passion. Based on the discussion of the front parts, this paperconsiders we should add a section that criminal responsibility is borne for crime by passion,but if the crime is caused by the fault of the victim, the responsibility may be lighter orlightened or exempt after the19th article of the Criminal Law that the responsibility may belighter or lightened or exempt if the criminal is deaf and dumb or blind. Besides, this part alsogives some advice on execution of reform of criminals that committed crimes by passion toprevent the recurrence of crimes by passion in the execution and reform the criminalseffectively.