Motivation, goal, and their importance in penal law
Abstract
The issue of criminal behavior is one of the important theoretical issues in criminal law. It reveals, on the one hand, the internal (psychological) causes of a specific crime (the emergence of motivation) and, on the other hand, demonstrates the dynamics of the development of the criminal act itself, And to achieve the results punishable by law. The importance of investigating the underlying causes of crime is also important. The actualization of the truth in the criminal case is based primarily on the detection of the motives and objectives of the crime committed.The importance of research on the motives and objectives of the crime is highlighted in its relevance to a number of important issues in criminal law, including the basis and uniqueness of criminal responsibility, the moral element of crime, criminal jurisdiction, circumstances excluded from the seriousness of the incident and the delineation of the stages of criminal activity. The purpose of this research is to examine the motives and objectives of the crime, to highlight its importance in criminal activity, to determine its role in the commission of crimes, and to avoid punishment.
References
- - Scientific Thesis:1. Mohammed Maarouf Abdullah, a promoter of the Penal Code, Master's Thesis, Faculty of Law, University of Baghdad, 1975.2. Nofal Ali Abdullah Al-Safo, The Judge's Power to Minimize Punishment, Master's Thesis, Faculty of Law, University of Mosul, 1996.
- Legal legislation:1. The Egyptian Penal Code No. (58) of 1937.Lebanese Penal Code No. 340 of 1943.3. The Syrian Penal Code No. 148 of 1949.4. The Libyan Penal Code No. (1953).5. The Jordanian Penal Code No. (16) of 1960.6. Iraqi Penal Code No. 111 of 1969.7. Iraqi Criminal Procedure Law No. 23 of 1971.8. Decision of the Iraqi Revolution Command Council No. 1477 of 15/9/1980.9. Order of the Administrator of the Coalition Provisional Authority, No. (31) Section (3), issued on 13/9/2003.