THE PROBLEM OF DEFINING THE CONCEPT OF “MOTIVE FOR A CRIME” IN CRIMINAL LAW

ABSTRACT

The concept of “motive for a crime” has an important meaning in criminal law, as it helps to determine the reasons that prompted a person to commit a crime. The motive reflects a person’s internal mental attitude to his actions and it can be used to understand the direction of the criminal’s intent, what is necessary to assess the degree of social danger of the committed unlawful act, as well as for choosing a punishment. The Criminal Code of the Russian Federation doesn’t define the motive for a crime, which gives rise to many discussions. The motive, as a psychological concept, raises questions about the appropriateness of using a psychological term in criminal law or the need to develop its own criminal law definition.

Keywords:  motive, criminal motive, psychology, criminal law.

The concept of the motive for a crime was the first formulated within the framework of psychological research, after which it found application in criminal law, within which discussions regarding the content of this borrowed concept are currently underway.

So, B.V. Kharazishvili [5, p. 27] emphasizes that in order to fully disclose the concept of the motive, legal science must rely on psychological knowledge. He points out that the concept under study has a psychological nature, and ignoring psychological definitions of the motive will lead to the fact that the number of definitions of the motive will be commensurate with the number of legal disciplines. A.G. Mustafazadeh [6, p. 15] supports the view that definitions of the motive used in psychology and in the legal science should be similar, since criminal law has not traditionally developed a unique definition of this concept.

At the same time, researchers I.G. Filanovsky, A.B. Sakharov and B.S. Volkova express a different point of view. In particular, I.G. Filanovsky [4, p. 10] highlights that despite the fact that in psychology this term can explain a person’s general behavior, in criminal law it serves to distinguish criminal acts from other ones. Therefore, direct borrowing of the psychological definition of the motive into criminal law is impossible, since it is important to determine exactly those reasons that lead to deviant behavior.

Proponents of enshrining a special definition of the concept of “motive for a crime” in criminal legislation offer their own formulations. For instance, according to V.V. Romanov [7, p. 488], the motive for a crime becomes a need that has acquired motivating force, serving as a source of activity that precedes criminal activity. Treating “motive” as a goal, A.M. Bandurka [2, p. 596] calls the motive of a crime an object that acts as a means of satisfying a need. Identifying “motive” with intentions, S.V. Sklyarov [8, p. 45] reduces the motive of a crime to the choice of a way to satisfy a person’s needs, while the motive in this sense is orienting, since it encourages this person to choose between different options for an action and orients him towards a criminal type of behavior. At the same time, Yu.M. Antonyan and A.Yu. Erkubaeva [1, p. 132] see in the motive of criminal behavior the reason for which this motive is implemented. Considering “motive” as a stable characteristic, A.L. Boyer [3, p. 228] believes that the motive of a crime is a determined personality property caused by external or internal stimuli, an integrated mental formation that encourages behavior aimed at relieving the mental stress of a realized actualized need of a biological or social nature by violating a criminal law prohibition.

In conclusion, it should be noted that there are different approaches to interpreting the concept of motive for a crime. Many researchers understand the motive of a crime as a certain type of inducement. Also, almost all of the above-mentioned authors connect the concept of motive with psychological aspects, from which we can conclude that if the concept of “motive for a crime” is enshrined in criminal legislation, it will be based on the concepts of motive presented in psychology.

References:

1. Antonyan Yu. M., Erkubaeva A. Yu. Crimes with hooligan motives: explanations and motives // Society and law. – 2014. – No. 2(48). – P. 129-132.
2. Bandurka A.M., Bocharova S.P., Zemlyanskaya E.V. Legal psychology: Textbook. – Kharkov: Publishing House of the National University of Internal Affairs, 2002. – P. 596.
3. Boyer A. L. Revenge in the motivational structure of criminal behavior: criminological and criminal legal aspects: dis. ...cand. legal Sciences: 12.00.08. – St. Petersburg, 2002 – P. 228.
4. Filanovsky I.G. Motives and purposes of the crime // Socialist legality, 1968. No2. – P. 10.
5. Kharazishvili B.V. Issues of criminal behavior in Soviet criminal law Tbilisi, 1963. – P. 27.
6. Mustafazadeh A.G. Qualification of murders by motive and purpose: Dis.... Cand. legal Sci. M.. 2005. – P. 15.
7. Romanov V.V. Legal psychology. – Moscow: Yurist, 1998. – P. 488.
8. Sklyarov S.V. Guilt and motives for criminal behavior as the basis for differentiation and individualization of criminal liability: abstract. dis... doc. legal Sciences: 12.00.08. – M, 2004. – P. 45.