Interconnection of Substantive and Procedural Significance of Motive and Purpose of Crime

Abstract

The article highlights the lack of uniformity in the scientific approach to the definitions of motive and purpose of crime as elements of a subjective aspect of crime, their procedural and substantive significance in the law doctrine and the law enforcement practice.

A clear legal definition and significance of motive and purpose or forming a clear position on these issues in the court of the highest resort are to eliminate the contradictions that currently considerably affect certain criminal proceedings.

It is specified that definition of the motive and purpose of the crime charged as a mandatory element of proof on the stage of arraignment and trial can take place only if the disposition of those crimes contain these elements or they clearly result from the nature of the act. Also this definition of motive and purpose of crime may, at a will of prosecution, be taken into account in sentencing.

It is noted that the motive of crime may occur only in premeditated crimes, whereas motivation is found in all acts, including socially dangerous.

It is specified that absence of motive or purpose of crime in the indictment cannot result in returning one to the prosecutor, and should be considered by the court as proof or lack of proof of constituent element of crime in the act of the accused or taken into account in sentencing.