The criminal legal significance of the motive and purpose of the crime is determined by the specifics of human behavior. Through these categories are traced all the relationships and relationships that characterize a particular person and the actions committed by her. Let us further consider the effect of motive and goal on the qualification of crimes.
Relevance of the problem
The concept of the motive and purpose of the crime is at the junction of many disciplines. Psychology, sociology, and jurisprudence appear especially clearly here. To date, the definition of these categories is in continuous discussion. Always to establish the real reasons, first of all, the motive and purpose of the crime are revealed. The ambiguity of opinions and their scatter leads to real problems in practice.
The motive and purpose of the crime in criminal law
Unlike fault, the indicated categories did not find fixing in the Criminal Code. Nevertheless, in the articles of the code, as well as in the comments thereto, these elements of composition are used. At their core, they are psychological categories. In this regard, legal publications are discussing whether to use the definitions developed by psychology in criminal law practice or to develop separate, special characteristics of these elements. According to some researchers, categories should be considered both in a narrow and a wide sense. This means that, setting the motive and purpose of the crime, it is necessary to be guided by the provisions developed in psychology, but at the same time take into account the specifics of the relations in which the work is going on.
Definition Approaches
As mentioned above, in the text of the Criminal Code there is only a normative definition of guilt. The lack of clarification of what constitutes the motive and purpose of the crime creates a number of difficulties in clarifying these categories. To begin with, we should turn to the traditional point of view. Under the motive should be understood that is present in the head of a person and encourages him to carry out any action. According to some scholars, this definition can be called a motivating force that pushes a person to a violation that causes determination. Some authors believe that the motive is something that generates a volitional process, moving the individual in his behavior. According to Brainin, this category reflects the experience (feeling), which turned into an incentive to guilty actions. Zagorodnikov believes that the motive is a certain mental state that prompts the commission of socially dangerous behavioral acts. One more definition can be given. For example, some authors believe that the motive is a conscious desire to commit a deliberate, specific misconduct that poses a danger to society and is provided for in criminal law.
Motive power
In almost all of the above definitions, there is an indication of it. Most authors, therefore, agree that the motive acts as a kind of impetus, an impulse to action. Etymologically, even this word comes from movere, which in translation means "move". As an example, we can consider a case from practice. A citizen was convicted under Art. 105, p. "D". He was found guilty of the fact that, while intoxicated, he killed his wife with a knife out of jealousy. The case file contained an indication that the subject was constantly pursuing a woman. In the end, he committed the murder. In this example, jealousy is the motive. Thus, a commonly used definition can be considered an incentive to action. In some cases, in the text of the Code, the term is replaced by “interest,” “motivation,” etc. For example, in part 2, paragraph “b,” art. 105 liability is established for the murder of a citizen or his relatives in connection with the performance of his official duties or public duty, and paragraphs "and" of this article provide for punishment for a crime committed out of hooligan motives. The motive, therefore, is based on a specific need or their system. Based on them, interest, habit, belief is formed - all that is ultimately expressed in the principles that provoke a person to an objective action.
Need
Some authors identify the motive with this concept. Gauhman takes a slightly different approach. In his explanations, he points out that the motive acts as an incentive. He is the source of human activity. However, identifying the desires, interests and needs on the one hand and the motive of the act on the other would not be entirely correct. Any motivation can be realized by various means and methods. They can be both legitimate and illegal. Those authors who believe that desire as an experience of need are separated from its satisfaction (in the case of volitional behavior) by the process of choosing a path and discussing options correctly believe. The psychological component of the motive should, therefore, be associated with judgments. They, in turn, act as a prerequisite for making a decision and its justification.
Mindfulness
A number of authors claim that the motive is characterized both from the sensual-emotional side, and from the intellectual one. At its core, it acts as the result of evaluating ways of acting on acceptability and unacceptability for an individual. Identifying the motive allows you to understand why the subject acted in this way, and not others. He wears not only sensual, but also intellectual coloring.
Another category
Article 187 speaks of the goal as a grounded characterization of the crime. It establishes a penalty for the manufacture for subsequent sale or the sale of fake payment (credit) cards, other payment securities that are not valuable. In many norms, a specific goal is a qualifying element. For example, trafficking in minors is considered a serious act if it is carried out for the subsequent removal of tissues or organs for transplantation.
The subjective side of the crime: motive, purpose, emotions
In a psychological sense, all these categories are related to each other. However, they do not appear as completely identical terms. The motive, for example, allows you to identify the cause of the action, answers the question "why", and the goal sets the result, that is, indicates why the crime was committed. The latter characterizes mainly the act itself. In this case, the motive and emotions are more related to the personality of the subject. The intended result not only directs the actions of the person, but often acts as a source of activity and aspiration. In such cases, the goal can be a motivating factor and in some way merge with motive and emotions. But the intended result will not be their replacement. The motive and purpose of the crime, the emotions of the individual are in this case in a certain dependence. Intention will prompt action. The goal at the same time acts as a criterion for determining the option of actions by which the need can be satisfied. Depending on the nature of the act, the motive and purpose of the crime may be in different communication with each other. Choosing one option from several, a person can assume different results of his actions and realize them differently. Given the fact that the goal orientates the behavior of the subject within the framework of social reality and directs it to certain relationships, it receives one or another social coloring, assessment and significance. That is why the categories under consideration act as a subject of research not only for psychologists. The significance of the motive and purpose of crimes for lawyers lies in the fact that by setting them, specialists are able to determine the social aspect of the mechanism for the implementation of certain actions, the assessment that the perpetrator himself gives.
Classification
The motive and purpose of the crime are considered in the legal literature from various sides. Accordingly, one or another of their classification is carried out. Some authors suggest categorization by nature. For example, revenge, jealousy, etc. But such a classification will be important in establishing the actual content of the act. Such a separation will not have significant criminal law significance. Some experts suggest a grouping based on sustainability. For example, the motive and purpose of a criminal offense may be personal or situational. However, such a classification is not practical in practice. The most useful is the separation based on legal and moral assessment of categories. In its framework, the motive and purpose as signs of a crime can be base or lacking in such content. The first should include those with which the legislation connects the strengthening of responsibility or aggravates it within the framework of the norms of the General Part. In the latter case, they act as aggravating circumstances. In addition, base motive and purpose as subjective signs of a crime are considered within the framework of the norms of the Special Part. In this case, they can act as necessary (mandatory) conditions for liability. Low motives and goals include, for example, hooligan and mercenary motives, blood feud, the desire to hide another crime or facilitate the commission of another act, etc. Some forensics formulate a classification according to the criterion of public utility. However, many authors point out that the motive and purpose, which served as the psychological basis for the wrongful act, cannot be regarded as useful for society.
Features of the result of actions
Separately, dwell on the classification of goals. At one time, Kant divided them into categorical, pragmatic, technical. Given the social property, goals can be socially useful, neutral, or harmful. By the criterion of certainty, they can be divided into specific and indefinite. Whenever possible, implementation distinguish achievable and unattainable goals. Given the likelihood of implementation, a distinction can be made between abstract and real results. Depending on the estimated time of implementation, the goals can be promising, remote or near. According to the material, moral aspect, they are classified as base, insignificant, noble, exalted.
Category role
The influence of motive and purpose on the qualification of crimes can be different. It depends on how important they are in a particular case. Like other signs of crime, purpose and motive can play a threefold role:
- They can be transformed into mandatory conditions if the legislation introduces them in this form into the design of a specific act. For example, the motive of personal or selfish interest is an indispensable sign of the subjective side of such a crime as abuse of authority, and the purpose of illegal seizure of property is a necessary condition for robbery.
- They can act as aggravating circumstances. In such cases, the motive and purpose change the qualification of the crime. They may not be indicated in the basic design of the punishable act. However, with their appearance in qualifying squads, responsibility is reinforced. For example, selfish motives during the abduction of a citizen increase the degree of danger of the act.
- They can act as aggravating or mitigating circumstances without changing qualifications. This is possible in the case when the norm does not contain an indication of them either in the main structure or in its special parts. For example, the presence of mercenary or other base motives, in accordance with paragraph three of Article 39 of the Criminal Code, acts as an aggravating circumstance when choosing a punishment for any act. At the same time, a crime committed to prevent an even more dangerous attack, for example, exceeding the limits of the required defense, will be a mitigating condition.
Conclusion
According to many lawyers, in simple crimes the purpose and motive may coincide, and in complex ones it can be delimited from each other. When substantiating an act, the result should be recognized guilty. A motive, acting as an acceptable judgment and justifying the setting of a goal, cannot be formulated without a clear idea of it. In practice, these two categories do not coincide. This is primarily due to the fact that they have different psychological content. The subjective part of the crime is formed by purpose, motive and guilt. When creating separate (special) constructions of acts, the legislation also applies these categories. The legal literature indicates that, despite the fact that the goal and motive have much in common, they cannot be identified with each other. This opinion is shared by almost all authors. But when commenting on some norms of the Criminal Code, in which the goal acts as a sign of the composition of the act, it is identified with the motive. For example, it is noted that theft (Art. 158) can be carried out from selfish motives. The note to the article indicates that the subjective side of the act is formed by a selfish purpose.