This article describes issues related to the consideration of the victim’s behavior when sentencing a person who intentionally killed someone in a state of strong emotional excitement. Also, the author analyzed in the article that the main reason for the strong emotional excitement of the culprit is the illegal act of the victim, therefore, the sudden emotional excitement is defined in the law as a mitigating circumstance. In addition, the article analyzes the objective aspect of the crime of intentional homicide (...) committed in a state of strong emotional excitement, in which (a) intentional homicide is caused by the victim's response to violence; (b) severe insults by the victim (insulting human dignity, accusing him of committing a crime or immorality, insulting his religion and nationality); (c) it is emphasized that attention should be paid to the victim's other illegal actions (such as dereliction of duty). (shrink)