激情犯罪的刑事责任解析

On Crime of Passion and It's Responsibility of Crime

激情是一种强烈的情感表现形式,是强烈的、暴风雨般的、激动而短促的情绪状态。激情犯罪就是在强烈而短暂的激情推动下实施的暴发性、冲动性的犯罪行为。激情犯罪行为与犯罪人的人格缺陷相符,是其行为人人格缺陷的外化,这是激情犯罪人承担刑事责任的基础。在激情状态下,行为人是存在相对意志自由的,这是激情犯罪人承担刑事责任的根据。从刑事责任的结构方面分析,激情犯罪人具有相应的刑事责任能力,应当承担过失的责任。

Excitement is the form of expression of a kind of intense emotion and the state of mood which is strong , excited and very brief like a rainstorm. Crime of passion is the offence that is implemented by a person under the strong and transient passion. Crime of passion is in conformity with personality defect of criminal, and is the external expression of personality defect of criminal that is also foundation of criminal responsibility that criminal should bear. Under passionate state, it is the basis of criminal responsibility which should be beared by criminal that criminal has the relative freedom to act. Analyze from structural respect of criminal responsibility, passionate offender should bear the responsi- bility of the negligience and recklessness because of he or she having corresponding criminal capacity.