Criminal and legal characteristics of criminal intent

Author:Roman Veresha
Position:Academy of Advocacy of Ukraine, Kyiv, Ukraine
Pages:118-128
SUMMARY

Purpose This paper aims to consider the problems related to criminal legal characteristics of the crime objective and to analyze specific features of the crime objective as the subjective aspect of crime. Design/methodology/approach Research methodology used in studying the criminal legal characteristics of the crime objective was based on the dialectical method of scientific... (see full summary)

 
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Criminal and legal characteristics
of criminal intent
Roman Veresha
Academy of Advocacy of Ukraine, Kyiv, Ukraine
Abstract
Purpose This paper aims to consider the problems related to criminal legal characteristics of the crime
objective and to analyze specic features of the crime objective as the subjective aspect of crime.
Design/methodology/approach Research methodology used in studying the criminal legal
characteristics of the crime objective was based on the dialectical method of scientic cognition of the social
and legal phenomena, its laws and categories. The author used general scientic research methods,
systematic, historical, logical and functional, and observation, analysis, comparison and the empirical
sociological method.
Findings Denition of the crime objective as one of the subjective aspects related to the socially dangerous
act will be helpful to detect the real causes of crime and to apply the right type and term of punishment. The
crime objective should be understood as the important, well-dened features of conscious mental image of the
future desired result, which determines the orientation and order of various actions aimed at crime
commitment.
Originality/value The paper substantiated the need to determine crime objective as one of the signs of
the subjective aspect of crime. This will reveal the real causes of crime and apply the right type and term of
punishment. It was established that the crime objective was a psychological phenomenon, and the question
of its analysis and study had to be settled with regard to psychology and criminology, which will inuence its
cognition. The paper provided a denition of crime objective. Based on a scientic approach to the theoretical
denition of the objective in the criminal law and the place in the subjective aspect of crime, the author
presumed that crime objective had to be regarded as an optional feature of the subjective aspect of crime.
Keywords Guilt, Corpus delicti, Criminal intent, Mens rea, Motive of crime
Paper type Research paper
Introduction
The problem of criminal intent is one of the key problems in criminal science. However,
scientic publications show a certain ambiguity in approaches to understanding the essence
of criminal intent and its delimitation from the motive of crime category. In the criminal law
of certain countries, the questions of whether to relate criminal intent to the mens rea and
whether to examine criminal intent during crime investigations are unanswered. The
practical importance of the paper lies in the possibility of using the obtained results in
law-making, with a view to improving the criminal legislation, the norms whereof classify
criminal intent as a mens rea element, in solving the issues related to the differentiation of
criminal responsibility and penalty for commission of crimes, the corpus delicti whereof
provide for criminal intent as a classifying circumstance, and in law enforcement during the
classication of crimes, the corpus delicti whereof provide for criminal intent as an obligatory
element. The relevance of the research consists in the study and substantiation of the need for
determining criminal intent as an optional element of mens rea, which will allow determining
the actual intent of crime and administering the appropriate type and amount of penalty.
The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/1359-0790.htm
JFC
24,1
118
Journalof Financial Crime
Vol.24 No. 1, 2017
pp.118-128
©Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-02-2016-0013

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