What is the difference between the motive and the purpose of the crime in criminal law

Updated on Car 2024-06-19
4 answers
  1. Anonymous users2024-02-12

    The difference between the purpose of the crime and the motive of the crime is mainly manifested in:

    1) The purpose of the same crime is the same, and except for the crime of complex objects, it is generally one crime and one criminal purpose, and the motive of the same crime often varies from person to person and from specific circumstances to the specific situation, and a crime can have different criminal motives.

    2) One criminal motive can lead to several or different criminal purposes. For example, the motive of revenge can lead the perpetrator to have different criminal purposes, such as destroying the property of others, harming the physical health of others, or even depriving others of their lives.

    3) From the point of view of the position of the purpose of the crime and the motive of the crime in the composition of the crime. The purpose of the crime is the specific subjective element of the crime, and the crime is not established if the perpetrator of such a crime does not have the purpose of the crime as expressly provided for in the provisions of the criminal law.

    4) The criminal activity is not consistent with the needs reflected in the criminal purpose in some cases.

  2. Anonymous users2024-02-11

    1. If your question does not have a more complex background, the situation you describe meets the criminal composition of the crime of robbery.

    The crime of robbery is a property crime, and for property crimes, the motive and purpose of the crime are often the same at some level; However, because the crime of robbery violates a complex object, according to the murder and robbery you mentioned, in addition to the purpose of illegal possession of property, there is also unlawful deprivation of the life of another person; In terms of the motive for committing the crime, there is only the financial motive.

    2. The purpose and motive of the crime are most simply understood by the crime of intentional homicide. The purpose of the crime is to unlawfully deprive others of their right to life. There are many motives, and 11 motives summarized by Chinese criminal law scholars, including property and revenge, are possible.

    3. Difference: Motivation produces purpose.

  3. Anonymous users2024-02-10

    The motive of the crime and the purpose of the crime are different from each other, which is mainly manifested in the following aspects: The chronological order of formation of the two is different. That is, the motive of the crime arises first, the purpose of the crime arises later, and the motive of the crime is the cause of the purpose of the crime.

    Motivation arises from a person's need for something, and motivation is that person is aware of a certain need. The motive for committing a crime is stimulated by certain human needs under the influence of negative psychological factors; The purpose of the crime is based on a clear understanding of the nature of the crime. When committing a crime, the purpose of the crime controls the direction of the criminal act and transforms the criminal consciousness into the criminal act.

    The content and role of the two are different. The motive of the crime is the inner cause that indicates why the perpetrator committed the crime, which is relatively abstract, and is the internal power to initiate the crime, which plays the role of promoting the commission of the crime; The purpose of the crime is the subjective reflection of the objective harmful results pursued by the criminal act, which is more specific, it determines the direction of the criminal act, and guides the criminal act to run towards the expected goal. Therefore, motivation determines the generation of the purpose, and the purpose governs the implementation of the act; There must be a motive for a purpose, and a motive is not necessarily a purpose; Both develop and change with the development of behavior, but motivation plays a role in promoting behavior, and purpose plays a guiding and commanding role.

  4. Anonymous users2024-02-09

    1. The definition is different, the motive of the crime refers to causing and promoting the criminal to commit the criminal act, and the criminal purpose refers to the psychological attitude of the criminal person who hopes to achieve a certain harmful result by committing the criminal act; 2. The order is different, with the criminal motive coming first and the criminal purpose coming later; 3. The impact is different, the purpose of the crime can affect both sentencing and conviction; The motive for the crime mainly affects sentencing.

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