Shinkaruk V.M. The Proof of Vandalism Motive: Problems and Relevance
Candidate of Juridical Sciences, Associate Professor, Department of Criminal Procedure and Criminalistics, Volgograd State University
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Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation
Abstract. The article deals with the problems raising in the process of vandalism cases investigation. The proof of vandalism motive is characterized by increased relevance. The problem of motive is multidimensional and exists on the joint of many sciences, including psychology, philosophy, sociology, law, etc. The subjective aspect of a crime is only partially reflected in item 2 part 1 of Art. 73 of the Criminal Procedure Code of the Russian Federation (guilt of a person in crime comission, form of guilt and motives). As far as the determination of research limits of the motive which has induced to crime commission is concearned, the legal literature contains rather inconsistent opinions: from the recognition of obligation of their establishment and proof to their complete disregard. According to the author, the establishment of motive is the necessary condition for successful investigation of a crime. The main means of proof in considered situations are represented by investigative actions: investigative inspection and search, interrogation, expert appointment and investigation. Thus, it is necessary to emphasize that investigative actions by means of which the existence of motive is proved have to be carried out along with operational search actions. The author notes that the identification of motive leads to the disclosure of criminal acts sense and determination of crime’s character. At the same time the motive is one of the features characterizing the personality of an accused person and allows to establish diversity and variety of motivation of actions in a particular situation.
Key words: motive, vandalism motives, proof, proof object and limits, subjective aspect, guilt, motivation of criminal behavior, subjectification criminal legal proceedings, qualification.
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