The motive and purpose of the crime. Impact of motive and purpose on the qualification of crimes

The criminal-legal significance of the motive and purpose of the crime is determined by the specifics of human behavior. Through these categories, all relationships and relationships that characterize a particular person and the actions that are committed are traced. Let's consider further, what is the influence of motive and purpose 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. Particularly clearly here appear psychology, sociology, jurisprudence. Until now, the definition of these categories is in continuous discussion. Always in order to establish actual causes, the motive and purpose of the crime are first identified. Ambiguity of opinions and their dispersion leads to the appearance of real problems in practice.

The motive and purpose of the crime in criminal law

Unlike the fault, these categories did not find a fixation in the Criminal Code. Nevertheless, in the articles of the Code, as well as in the comments to them, these elements of the composition are used. In their essence, they are psychological categories. In this regard, the legal journals are discussing whether to use the definitions developed by psychology in criminal law practice or to develop specific, special characteristics of these elements. According to a number of researchers, categories should be considered both in a narrow and broad sense. This means that, when establishing the motive and purpose of a crime, one must 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.

Approaches to the definition

As was said above, the text of the Criminal Code contains only a normative definition of guilt. The lack of clarification of what the motive and purpose of the crime is, creates a number of difficulties in clarifying these categories. To begin with, one should turn to the traditional point of view. The motive should be understood as what is present in the person's head and encourages him to take any action. According to some scholars, this definition can be called a motivating force, pushing the person to a violation that causes determination. Some authors believe that the motive is something that generates a strong-willed process that drives the individual in his behavior. As Brainin believes, this category reflects an experience (feeling) that has turned into a stimulus to guilty actions. Zagorodnikov believes that the motive is a certain mental state that induces the commission of socially dangerous behavioral acts. We can give one more definition. For example, some authors believe that the motive is a conscious desire to commit a specific, specific misconduct that is dangerous to society and is provided for in criminal law.

Incentive force

Almost all of the above definitions have an indication of it. Most authors, therefore, agree that the motive acts as a kind of push, a motivation for action. Etymologically, even this word comes from movere, which in translation means to "move." As an example, we can consider a case from practice. The citizen was convicted under art. 105, item "d". He was convicted for being in a state of intoxication, he jealously killed his wife with a knife. In the case materials there was an indication that the subject was constantly persecuting the woman. As a result, he committed a murder. In this example, the motivation is jealousy. A commonly used definition, therefore, can be considered an incentive for action. In the text of the Code in some cases, the term is replaced by "interest", "motivation", etc. For example, in Part 2, paragraph "b" of Art. 105 the responsibility for the murder of a citizen or his relatives is established, in connection with the performance of his official duties or public duty, and in clause "and" of this article, punishment for a crime committed out of hooligan motives is provided. At the heart of the motive, therefore, is a specific need or their system. On their basis, interest, habit, conviction 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. A slightly different approach is followed by Gauchman. In his explanations, he points out that the motive acts as an incentive. It is the source of human activity. However, identifying desires, interests and needs on the one hand and the motive of the act on the other - it would not be entirely correct. Any motivation can be realized by different means and methods. They can be both legitimate and illegal. True believe those authors who believe that desire as an experience of need is separated from its satisfaction (in the case of volitional behavior) by the process of choosing the path, discussing options. The psychological component of the motive must, therefore, be associated with judgments. They, in turn, act as a prerequisite for the decision and its justification.

Awareness

A number of authors argue that the motive is characterized both from the sensory-emotional side, and from the intellectual. In its essence, it acts as a result of evaluating the methods of action for acceptability and unacceptability for an individual. The identification of the motive makes it possible to understand why the subject acted in this way, and not the other. He wears not only sensual, but also intellectual coloring.

Other category

The purpose of the crime as a justified characteristic of the crime is stated in Article 187. It establishes the punishment for the production for subsequent sale or the implementation of counterfeit (credit) cards, other payment papers 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 carried out for the subsequent removal of tissues or organs for transplantation.

The subjective side of the crime: motive, purpose, emotions

In the psychological sense, all these categories are related to each other. However, they do not act as absolutely identical terms. The motive, for example, allows to identify the cause of actions, answers the question "why", and the goal establishes the result, that is, indicates what the crime was committed for. The latter characterizes primarily the act itself. In this case, the motive and emotions are more attributed 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 may be an incentive and in some way merge with the motive and emotions. But the expected 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 induce to action. The goal is thus a criterion for determining the type of action by which the need can be met. Depending on the nature of the act, the motive and purpose of the crime may be in a different connection with each other. Choosing one option from several, a person can assume different results of their actions and differently aware of them. Considering the fact that the goal guides the behavior of the subject within the framework of social reality and directs it to certain relations, it receives this or that social coloring, evaluation and significance. That is why the categories in question are the subject of research not only for psychologists. The significance of the motive and purpose of crimes for lawyers is that by establishing them, experts are able to determine the social aspect of the mechanism for implementing certain actions, the evaluation that the perpetrator himself gives.

Classification

The motive and purpose of the crime are considered in the legal literature from various sides. Accordingly, this or that classification is carried out. Some authors suggest to divide the categories by character. For example, revenge, jealousy, etc. But such a classification will be important in determining the actual content of the act. There will be no significant criminal-legal significance for this division. Some experts suggest grouping on the basis of sustainability. For example, the motive and purpose of a criminal offense may be personal or situational. However, such a classification in practice is inexpedient. The most useful is separation, based on a legal and moral assessment of categories. Within its framework, the motive and goal as attributes of a crime may be low-lying or devoid of such content. The first should include those with which legislation binds the strengthening of responsibility or aggravates it within the norms of the General Part. In the latter case, they act as aggravating circumstances. In addition, the low motive and goal as subjective signs of a crime are considered within the limits of the norms of the Special Part. In this case, they can act as necessary (mandatory) conditions for the onset of liability. The low motives and goals include, for example, hooliganism and selfish motives, blood feud, the desire to conceal another crime or facilitate the commission of another act, etc. Some criminalists form a classification according to the criterion of public utility. However, many authors point out that the motive and goal, which served as the psychological basis for the wrongful act, can not be regarded as useful to the society.

Features of the result of actions

Separately, we should focus on the classification of goals. At one time Kant shared them categorical, pragmatic, technical. Given the social property, the goals can be socially useful, neutral or harmful. By the criterion of certainty, they can be divided into concrete and indefinite. Whenever possible, the implementation identifies achievable and unattainable goals. Given the likelihood of implementation, a division into abstract and real results can be made. Depending on the anticipated time of implementation, the objectives may be promising, distant or near. On the material, moral aspect they are classified as low-lying, insignificant, noble, sublime.

Role of categories

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, the goal and motive can play a threefold role:

1. They can be transformed into mandatory conditions, if the legislation introduces them in this form into the construction of a specific act. For example, the motive of personal or mercenary interest acts as an obligatory 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.
2. They can act as aggravating circumstances. In such cases, the motive and goal change the qualification of the crime. They may not be indicated in the main design of the punishable act. However, with their appearance in qualifying formations, the responsibility is increased. For example, selfish motives for kidnapping a citizen increase the degree of danger of the act.
3. 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 basic construction or in its special parts. For example, the presence of mercenary or other low-minded motives, in accordance with the third paragraph of Art. 39 of the Criminal Code, acts as an aggravating circumstance in the choice of punishment for any act. At the same time, a crime committed to prevent an even more dangerous assault, for example, exceeding the limits of the required defense, will be a mitigating condition.

Conclusion

According to many lawyers, in simple crimes, the goal and motive may coincide, and in complex crimes, they can be delimited from each other. When justifying an act, the result must be recognized by the guilty party. The motive, acting as an acceptable proposition and justifying the goal setting, can not be formulated without a clear idea of it. In practice, these two categories do not coincide. This is due primarily 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. In the legal literature it is stated that, in spite of the fact that the goal and the motive have much in common, they can not be identified with each other. Almost all authors share this opinion. But when commenting on certain norms of the Criminal Code, in which the goal serves as a sign of the composition of the act, it is identified with the motive. For example, it is noted that embezzlement (Article 158) can be carried out for mercenary motives. The note to the article indicates that the subjective side of the act is formed by a selfish goal.