of who we are as humans. Everyone processes events and emotions differently, that’s why some can control l their emotions but are persons who who are so strongly influenced by emotions that they can, under their pressure, pass the limit of or legality, that is why in the next I will present 5 reasons why emotions should be secondary signs of subjective side:
Art 146 Murder in the Heat of Passion
In the case of art 146 the emotional state is presented as the heat of passion. The heat of passion is the mental state that is characterized by an intense emotion, the short duration from a few seconds to a few minutes related to the instinctive activity and to unconditional reflexes. Emotions such as revenge or jealousy awaken the affection state, and if at least one of the traits of the affection state is absent, the crime component changes and transform into intentional murder. The heat of passion is produced by an intense emotion of short duration, from a few seconds to a few minutes, whereas in the case of irresponsibility as the main element of the subjective side, as cause serves as a chronic mental illness, a temporary mental disorder or other pathological states. That’s why we cannot confuse the state of irresponsibility with the heat of passion Art 147 Infanticide -in case of infanticide as compulsory sign of the subjective side, is the the special emotional state in which the perpetrator being in the state of physical or mental disorder, with diminished discernment caused by the birth ,kill the baby. In the absence of the emotional state, the murder of the newborn to the mother is qualified as intentional murder art 145. Art 148 Deprivation of Life upon a Person’s Wish (Euthanasia)- usually in case of a murder provided at art 148, the secondary sign of the subjective side is the motive which is expressed in compassion. The medical worker is acting like this because of the feeling of mourning, compassion, he believes that this helps the person, it took away the pain. Art 145 paragraph 2 letter j Murder with extreme cruelty or sadistic motives-in case of a murder provided by art 145 letter j- sadism is expressed in the fact that pleasure occurs in a situation where the victim is under the control of the perpetrator, is unconditionally subordinated to him, so that the perpetrator considers that it is allowed to cause pain and humiliate her. In this case, pleasure and satisfaction are achieved through the deprivation of the victims’ life, constituting the extreme expression of exercising the perpetrator's authority over the victim.