Being a socially dangerous act, the crime committed is caused by interconnected subjective and objective signs. The latter include the object and objective characteristics. The former include the subject and subjective side of the crime. They are united by the fact that different approaches characterize one thing - illegal action.
The subjective side of the crime reflects all internal processes that occur in the conscious and volitional sphere of a person who commits or is preparing to commit an offense.
In fact, there is an inextricable existence of both characteristics of the deed. Both the objective and subjective side of the crime determines the action itself, at one time and in one place committed by a person. However, theoretical analysis involves considering both characteristics separately, bearing in mind their internal unity.
The concept and meaning of the subjective side of the crime
Content is the mental activity of a citizen. Signs of the subjective side of the crime include guilt, purpose, and motive. The last two relate to optional features. In general, they reflect the internal process that takes place in the psyche of a citizen, and also reflect the relationship of his will and consciousness with the dangerous act that is being committed or is supposed to be committed. Among the optional characteristics also distinguish the experiences (emotions) of the face. As mandatory, these (optional) signs are rarely indicated in the norms of the law, however, their presence may affect the purpose or qualification of punishment.
The subjective side of the crime is used to distinguish between illegal acts among themselves, as well as to distinguish them from other offenses. The criminal legal significance for each characteristic is different.
Optional signs (emotions, purpose, motive) take the status of mandatory in the case when they are included as such by the legislator in the structure of the existing corpus delicti. In different cases, they can affect the qualifications or be taken into account when individualizing the punishment, acting as an aggravating or mitigating circumstance.
Guilt, manifested in the form of negligence or intent, refers to the mandatory characteristics of any illegal act. In the absence of fault, criminal liability does not occur , regardless of the severity of the consequences of the act.
The fault is the citizen’s attitude to the act committed by him and its consequences.
The degree and nature of the public danger of an illegal act is largely determined by the motives and goals of the deed.
Motive is a deliberate motivation for an offense. The basis is the human need for intangible or material benefits. Motives of crime, as a rule, are based on base motives. These include, in particular, jealousy, self-interest, envy, hooligan motives, careerism, and others.
The goal is called the idea of the offender about the desired, final result. Achieving the goal, in other words, the perpetrator is carried out through the commission of an offense.
Thus, from the foregoing, several conclusions follow that reflect the significance of the subjective signs of a crime :
- They are an indispensable element of any corpus delicti.
- An integral characteristic is wine. Without it, there is neither the subjective side, nor the corpus delicti in general.
- The crime must be properly substantiated and qualified. For this, the subjective side of the offense must be correctly established , all of its signs included in this composition. At the same time, it becomes possible to distinguish some illegal acts from others.
- Identification of the subjective side makes it possible to individualize both responsibility and punishment. In this case, it also becomes possible to determine the regime of imprisonment of the guilty.
- Identification of the subjective side helps to strengthen and ensure the rule of law.