The crime consists of four components: the object and its side, the subject and, accordingly, its side. These items are considered mandatory. In the absence of at least one of them, the corpus delicti and the subsequent criminal liability are excluded. Further in the article one of the above components will be considered.
The subjective side: general information
It is an internal characteristic of the offense. The subjective side reflects the mental attitude of the offender to the deed. There are a number of signs that characterize this element. Along with others, the motive and guilt form a crime. It also includes the emotional state of a person at the time of the crime. An integral component is the purpose of the crime.
Terminology
It should be noted that such a definition as “subjective party” is absent in the legislation. However, it is disclosed through the use of a number of terms. Consider what the subjective side includes:
- The motive of crime. It is an impulse that provokes determination for an offense.
- The purpose of the crime. It reflects a person’s idea of the desired result, to which he aspires, breaking the law.
- Guilt It expresses the mental attitude of a person to his own deed, representing a danger to society (action or inaction) and entailing consequences.
Ignoring any sign of the subjective side can lead to objective imputation. In other words, an innocent person will be held accountable.
The concept and meaning of the subjective side
This category has always been one of the most controversial and important legal issues. This determines the interest in her legal scholars. This circumstance is connected not only with the fact that specialists strive to determine the significance of the motive of crime and the basis of behavior. The interest also reflects the desire to study the psychology of the person violating the law as deeply as possible. It should be noted that the criminal legal significance of the characteristics of this category is very diverse. Guilt is considered an integral mandatory component of the structure of the crime, and the goal and motive are optional elements. They become mandatory if the legislator transfers them to this category. So, for example, according to part 1, Art. 209 of the Criminal Code, which provides for punishment for banditry, an integral element is the purpose of attacking an organization or citizen.
Law violation emotions
Their consideration is fraught with some difficulties. As a rule, emotions are not included in the crime by the legislator. The exceptions are articles 106 on the killing of a newborn child by a mother and 107 of the Criminal Code on causing death in an affect state. In these cases, deepening feelings provoked by a traumatic situation or caused by the behavior of the victim may serve as extenuating circumstances.
Forms of emotional states
In philosophy and psychology, there are 4 categories that differ in their duration and strength. These include mood, passion, affect and feeling. The latter is a form that reflects reality and expresses the subjective attitude of the individual to the satisfaction of his own needs, the degree of conformity of something to his perceptions. Affect is a strong, but short-term feeling.It is associated with complete immobility (stupor, numbness) or with a motor reaction. Passion is a lasting and strong feeling. Mood acts as a resultant category. This condition is stable, duration. The mood acts as a background against which other mental processes proceed. It should be noted that not all emotions are endowed with a criminal law value and can be an element of the subjective side.
Form of guilt
In some cases, it is not indicated in the disposition of the article. Nevertheless, among the mandatory features of the composition, one is included that will unequivocally indicate the presence of one form or another of guilt. For example, robbery involves the theft of property belonging to another person. In this case, an indication of the purpose indicates the intentional commission of a crime.
The criminal law value of the motive for the crime
An unambiguous approach to its definition is currently lacking in the legal literature. The concept of a motive for a crime is considered to be derived from the term used in psychology. The latter is associated with ordinary legal behavior. In this regard, a discussion was held in legal journals about using the term “crime motive” as an independent category. For example, Kharazishvili (hereinafter the names of famous lawyers, authors of many textbooks and monographs are given) believed that a psychological definition should be used in the framework of science. The introduction of an independent term will be unscientific.
The opposite opinion was with Volkov and Sakharov. They noted that the transfer of the psychological term into legal science can contribute to the formation of an erroneous opinion that in society violators have positive normal needs that society does not want or cannot satisfy. At the same time, there was no consensus on the essence of the definition in legal publications. So, according to Volkov, the motive of the crime is that, having a reflection in the consciousness of the individual, provokes him to violate the law. Naumov had a slightly different opinion. He believed that the motive of the crime is a conscious urge (feeling, need, etc.) to achieve a specific result through violation of the law.
Concretization of the definition
The above points of view are somewhat close to the psychological term. In this regard, they can be considered quite common. Since the significance of the motive and purpose of the crime, the idea of the methods of achieving the result precisely in an unlawful way, or if it is possible to recognize the alleged danger to society and the likelihood of responsibility for the deed (as a rule, a person expects impunity in such cases) are interconnected, the first can be defined as an intentional desire to illegal action.
In this case, you can further specify the definition. The motive of crime acts as a deliberate motivation by which a person is guided in violation of the law. In other words, it represents a source of action, an internal driving force of a person, due to the interests and needs of motivation. This source makes the person need to break the law. Requirements in this case should be considered everything necessary for normal life, but absent in humans. It can be moral, material, intellectual and other values. At its core, the motives for committing a crime determine the true nature of the violation. At the same time, the illegal act itself acts as an objectification of one or another motivation.
Classification
The motive of the crime in its severity may be:
- Antisocial. In this case we are talking about mercenary-violent, mercenary, violent-aggressive, political motives.
- Asocial - anarcho-individualistic, selfish, etc. These motives are considered less dangerous.
- Pseudo-social. This motive of crime is determined by the interest of a particular group, which is contrary to the law, freedom of the individual or society as a whole. It can be formed on the basis of a false partnership, which leads to violent violent clashes, or corporatism, the result of which are economic violations, atrocities against the law and so on.
- Protosocial. Its formation consists in the transition of a socially approved motive to a socially negative one. For example, violation of the law in excess of the necessary defense, measures taken to detain and so on. Such motives include jealousy, revenge, which are transiently formed in a conflict. They are distinguished by increased affectiveness.
Also, some motives are typical for deliberate atrocities, others for crimes of negligence. Some may have both of these signs. For example, self-interest, jealousy, revenge, careerism, hooligan motives can act as motives of intentional violations. But they can also become the basis of reckless action. As for the goals, they are quite diverse. So, the offender can be driven by the desire for profit, harm to society or to an individual citizen, etc.
Connection with sentencing
To select the most appropriate and fair measure, it is necessary first of all to correctly qualify the violation. This is impossible without taking into account the goal and motive. Without these components, it is also impossible to properly fulfill the requirements of the principle of individualization of responsibility. Motives have a close relationship with circumstances mitigating guilt or aggravating it. For example, the former include incentives inherent in acts both with the necessary defense, and when the limits are exceeded against the background of the desire to protect personal, social, state interests from dangerous encroachment. Regardless of whether aspirations and motives are included in the structure of illegal actions as mandatory signs or not, they are endowed with a criminal legal meaning. This is due, among other things, to the importance of these elements in the study and prevention of illegal activities.
Connection with criminology
The significance of motives in this case is as follows:
- The analysis of motives helps to reveal the conditions and causes of individual violations and illegality in general.
- Motives act as a vivid characteristic of the qualitative side of crime in general and of specific types of atrocities in particular.
- An analysis of the motives of certain categories of violators is necessary when studying the nature of this illegality.
- The study of motives is necessary for the development of preventive measures, especially those of a cultural, political and educational nature.