SELFISH MOTIVE IN CRIMES OF CORRUPTION
Rubrics: CRIMINAL LAW AND CRIMINOLOGY
Authors:
1.
Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russian Federation
Type:
Article
Pages:
from 105
to 109
Status:
Published
Received:
12.09.2017
Accepted:
20.09.2017
Published:
25.09.2017
Subject area:
UDK 343.3/7
Language:
Russian
Keywords:
greed, lucrative impulse, optional characteristics of mental element of crime, law and technique of construction of components of crime, corruption offences
Abstract (English):
Introduction: a deep study of the personality of the offender, the motivation of his illegal activities undoubtedly contributes to the effectiveness of law enforcement in the fight against crime. In accordance with article 73 of the Criminal procedure code to prove the motivational component activities of the criminal each criminal case is mandatory. Corruption crimes contain a sign of greed; however, the legislator does not specify that in legal-technical construction standards. The purpose of the paper is to study the theoretical and practical aspects of the selfish motive of a crime under the current criminal law, their influence on the qualification of crimes; development of proposals and recommendations on improving the current criminal legislation of Russia and the practice of its application. Materials and Methods: a logical research method, method of comparison, analysis etc. were applied. Results: the author emphasizes the issues of selfish motive as one of the important signs of the subjective party of the crimes of corruption and researched legislative regulation of selfish motive (motives). Discussion and Conclusions: the author suggests using a clear logic in determining a selfish motive.
Introduction: a deep study of the personality of the offender, the motivation of his illegal activities undoubtedly contributes to the effectiveness of law enforcement in the fight against crime. In accordance with article 73 of the Criminal procedure code to prove the motivational component activities of the criminal each criminal case is mandatory. Corruption crimes contain a sign of greed; however, the legislator does not specify that in legal-technical construction standards. The purpose of the paper is to study the theoretical and practical aspects of the selfish motive of a crime under the current criminal law, their influence on the qualification of crimes; development of proposals and recommendations on improving the current criminal legislation of Russia and the practice of its application. Materials and Methods: a logical research method, method of comparison, analysis etc. were applied. Results: the author emphasizes the issues of selfish motive as one of the important signs of the subjective party of the crimes of corruption and researched legislative regulation of selfish motive (motives). Discussion and Conclusions: the author suggests using a clear logic in determining a selfish motive.
Keywords:
greed, lucrative impulse, optional characteristics of mental element of crime, law and technique of construction of components of crime, corruption offences
greed, lucrative impulse, optional characteristics of mental element of crime, law and technique of construction of components of crime, corruption offences
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