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The forensic aspect of establishing a motive for a crime

Proshin Vladimir Mikhailovich  (Doctor of Law, Professor, Moscow State Regional University; Advocate, Moscow Bar Association "Zashchita")

When understanding the motive of a crime as a person’s desire to satisfy needs by performing actions to form the circumstances that determine the onset and course of the crime event, there are grounds for identifying the forensic features of the motive force to commit criminal offenses. On the one hand, it is necessary to establish information of a moral and ethical nature that governs the intellectual and volitional decision of a person to admit the possibility, and in some cases even the need, to satisfy the system of formed needs by committing criminally punishable actions. On the other hand, it is necessary to investigate the likelihood of committing criminally punishable acts on the basis of physical survival in conditions of a person’s perceived legal insecurity and social injustice. A comprehensive approach to establishing the motive for committing a crime guarantees the most accurate restoration of the forensic model of a crime event.

Keywords:Criminal case; motive for committing a crime; circumstances that are subject to mandatory establishment in a criminal case; crime event; a criminally punishable act; forensic evidence; subject of proof; criminal patterns; social injustice; human needs; bringing to criminal responsibility.

 

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Citation link:
Proshin V. M. The forensic aspect of establishing a motive for a crime // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2022. -№01. -С. 179-181 DOI 10.37882/2223-2974.2022.01.37
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