| Abstract [eng] |
This master‘s thesis analyzes a type of privileged murder, provided in Article 130 of the Criminal Code of the Republic of Lithuania – homicide in a state of passion. The aim of this work is to provide a comprehensive analysis of the corpus delicti of this crime. In the first part of this master‘s thesis, the general concept of crimes against human life is presented and the general issues related to these crimes are analyzed. The definition of murder and its attributes are discussed, as well as the distinction of murder from the other crimes against human life. The system of crimes against human life, as it is legislated in the laws of the Republic of Lithuania, is also provided. In the second part of the thesis, the concept of homicide in a state of passion is provided and the general issues related to this crime are discussed. Also in this section a historical analysis the Article 130 of the Criminal Code is provided in the context of the history of Lithuanian law, comparing similar earlier rules of law with the currently valid one, as well as comparing them with each other. The third part contains a comprehensive analysis of the elements of the corpus delicti of homicide in a state of passion. The main focus is devoted to the special element of this corpus delicti – the affective intent. The affective state, and issues related to its ascertainment, are discussed in detail. The constituent elements that overlap with those of simple murder‘s corpus delicti, are analysed as well, however, less attention is devoted to them. In this part of the thesis, relevant Lithuanian judicial practice examples are provided in support of the analysis, in order to see how the courts solve the issues related to homicide in a state of passion, the doctrinal and practical positions are compared and conclusions are drawn from it. |
