Heat of Passion and Criminal Responsibility in the Modern Era: The Role of Legislative and Technological Development in Evaluating Rage as a Factor Influencing Criminal Responsibility
摘要
This research examines the subject of “Heat of Passion and Criminal Responsibility in the Modern Era,” focusing on the legal frameworks concerning rage as a mitigating factor within criminal law. The objective of the study is to investigate the legal acknowledgment of rage as a mitigating factor and how legislation corresponds with contemporary legislative and technological advancements. Findings indicate that several countries recognize rage as a mitigating factor, whereas others do not contain a specific legal provision that acknowledges it. Furthermore, it was determined that courts interpret rage based on the contextual circumstances of the crime. The study also concludes that for rage to serve as a valid mitigating factor, it must be both intense and sudden, thereby differentiating it from ordinary rage, self-defense, or duress. Additionally, the research uncovered variances in judicial decisions regarding the application of rage as a mitigating factor. The study advocates for the incorporation of a clear legal provision that acknowledges rage as a mitigating factor, alongside the establishment of standardized definitions and criteria for its implementation. Additionally, it proposes regular assessments of legislation to guarantee its consistency with contemporary legal challenges.