Autor: Elisabeta BOȚIAN
Publicat în: Revista de Științe Juridice nr. 2/2019
Disponibil online: aici.
Meanings of purpose in the content of the offense
Abstract: Motive and purpose are psychic affective processes that the legislator rarely values in the content of the offense. Criminal liability of a person is founded on guilty psychic processes which are more stable and easier to prove. In criminal law we can identify cases in which the legislator considers that some human actions are breaking the law order, only if they are committed with certain reasons or certain purposes. In other cases, the certain motive/purpose of the offender will lead to a non-criminal act or to the lack of criminal liability. Finally, these psychic affective processes can be used by the legislator as general criteria of establishing the duration of sentence. When purpose appears in the content of the offense, it can have three meanings: finality, result or destination. We consider to be useful an effort to identify the certain meaning of these processes because they have influence on different types of intention. That is why it is also useful the try to find some distinctive criteria between the certain meanings of purpose.
Keywords: motive; purpose; content of the offense; meaning.
