Unlawfulness or immorality of the victim’s behavior: historical aspect

In the article the retrospective analysis of criminal-legal assessment of unlawful or immoral behavior of the victim, which was the reason for committing a crime, is carried out. Attention is drawn to the fact that in certain time intervals such behavior was recognized as a circumstance completely excluding criminal responsibility, and in other cases the legislator recognized it as a circumstance mitigating criminal responsibility and punishment. Attention is drawn to the inconsistency of legislative thought in terms of taking into account the behavior of the victim when bringing a person to criminal responsibility. The position of scientists who identify certain provisions of monuments of domestic criminal law with modern provisions characterizing the state of affect is questioned.