Crime of passion is the expression used to refer to a crime that is committed out of great emotion.
The term passionate, used to characterize the crime, refers to a feeling or emotion in which there is a high degree of affection or possession towards the victim.
It is a crime that is often related to article 121 of the Penal Code (murder) and is usually motivated by jealousy or a sense of ownership in marital and affective relationships.
In most cases, the crime of passion is motivated by a strong emotion, which has the power to provoke in the perpetrator a feeling of unhealthy passion. If they do not feel reciprocated or recognized as love, the person may develop a behavior domineering, possessive and aggressive, which can result in physical aggression, rape and homicides.
How to differentiate crime of passion from other crimes
The main feature to differentiate crime of passion from other types of crimes is the relationship affective relationship that can exist between the parties, as a strong emotional bond between those involved in a relationship.
But it is important to know that the crime of passion can exist without an intimate relationship between the criminal and the victim. For example, a case of unrequited platonic passion in which violence is committed is also a crime of passion, even if there is no real relationship between the people.
In this context, it is common for the feeling of passion to overcome lucidity and lead the person to commit the crime.
For the passionate individual, he is the only victim of the situation, whose morals and honor were hurt by the victim. Despite the motivation for intense emotion, the crime of passion is not always a crime committed on impulse, and in some cases, it is planned.
Learn about the meaning of others types of crimes.
Penalty applied to crime of passion
Despite being considered a criminal act, the crime of passion does not have its own legal framework, being analyzed in crimes committed against life.
In the case of homicide, for example, it is classified as a qualification of privileged homicide, practiced when the criminal lets himself be carried away by reasons that affect his morals.
The penalty applied to this type of murder can range from twelve to thirty years of imprisonment.
Decrease in sentence
In the case of murder, if it is proven that it was a crime of passion, that is, that it was motivated by a violent emotion, the penalty may be reduced by between one sixth and one third. That is, the crime of passion is a privileged homicide, in which there is a privilege of reducing the sentence for the criminal.
§ 1 of art. 121 of the Criminal Code provides:
sentence reduction case
§ 1 If the agent commits the crime for reasons of relevant social or moral value, or under the control of violent emotion, immediately following the victim's unfair provocation, the judge can reduce the penalty from one sixth to one third.
It is important to know that, although violent emotion is a cause that lessens the penalty, it does not exclude the responsibility of the perpetrator of the crime. This statement is provided for in art. 28, item I of the Criminal Code.
sentence increase
There are also some causes that can be considered in the case of a murder of passion and that can increase the penalty applied. Are the causes of homicide qualified.
The most common are:
- crime committed for a futile reason or that goes against good morals (baseline),
- use of fire, explosives, poisons or torture,
- situation that makes it difficult for the victim to defend himself, such as the use of an ambush.
See more about the meaning of passionate.