Problems of qualification of motives of criminal offenses


  • Yu.V. Leka


qualification of criminal offenses, motive of criminal offense, selfish motive, hooligan motive


The article substantiates the need to study the problems of qualification of the motives of criminal offenses that arise at the stages of pre-trial investigation and trial. The role of motive in determining criminal responsibility cannot be limited to its moral assessment. The motive of a criminal offense has a great influence on the qualification of socially dangerous acts, which is its most important practical significance. Correct and timely detection and establishment of the motive of a criminal offense is the key to successful conduct of all stages of the trial. A large number of scientific works devoted to the influence of motive on the qualification of socially dangerous acts have been studied. In addition, the influence of motive on the qualification of crimes is not limited to those cases when it is provided as a necessary element of a criminal offense or a qualifying feature. As a motive for committing a criminal offense and leaving an imprint on the entire course of the volitional process, the motive is deeply important in establishing the direction of the act, determining the subjective side of the criminal offense and establishing the range of criminally punishable acts. A significant number of court verdicts in criminal cases related to the establishment of the motive for a criminal offense have been analyzed. Problems have been identified in the classification of criminal offenses related to the failure to establish or incorrectly establish the motive. The presence of one or another motive may affect the imposition of a certain type and amount of punishment and is also the basis for the application of possible preventive measures to prevent the commission of criminal offenses in the future. The ways of the decision of the basic problems connected with qualification of motives of criminal offenses for increase of quality and efficiency of application of the criminal legislation by law enforcement and judicial bodies are offered.