Procedural means of establishing and proving of criminal behaviour motivation

The problems of proving the motive and purpose of a crime in thecontext of forensic investigation are analysed in the article. From the critical point of view the practical approach for criminal motivesdetermination is considered on the basis of the model self-interest − personal hostility − disruptive behaviour. The author draws theline at non-mixing of the motive, purpose and emotional background of a crime. It is proposed to establish comprehensive motivation ofcriminal behaviour by identifying interrelation between the motive and purpose of a criminal act taking into account phenomena of polymotivationand multiple purposes. The necessity of revealing not only nearby but distant goals of a criminal is proved. As a methodologicalground to establish motivation of criminal behaviour an active approach is used, which states that one should carry out a detailedpre-criminal, criminal and post-criminal behaviour investigation of a person who committed a crime. The article gives a brief review ofprocedural means of proofs good for establishing motivation of criminal behaviour with reference to a broad range of opportunities appliedby forensic psychological examination. The recommendations for working up final procedural documents regarding fixation of themotive and the criminal act are set in the article. The existing simplified approach to the determination of criminal behaviour motivationleads to a considerable number of investigative mistakes, incorrect classification of crimes, disregard of true motives of a crime, intendeddecrease of the purposes range of a crime, determination of unfair punishment, wrong application of some civil legislation institutions.The motive and purpose of a criminal act are to be investigated along with other circumstances of a case using criminal proceduremeans stipulated by law. Determination and investigation of the criminal behaviour motivation must be carried out by a complex ofthe following investigation actions: examination of the scene of action; interrogation of the suspect, accused of a crime, the defendant;interrogation of the crime victim; interrogation of witnesses; legal search; forensic psychological examination. The algorithm of criminalbehaviour motive determination by means of the scene of action inspection can be presented as follows: apparent consequences of acrime - ground for committing a crime - immediate aim of a crime. While interrogating the suspected and the accused person by askingproper questions one should lead the interrogated person out to the general background of his/her personal interests thus understandinghis/her distant goals and sense of existence. Interrogation of persons who were acquainted with the subject of a crime before he hadcommitted a crime in their joint operation, study, place of residence, leisure time, participation in the activity of social organizations,sports clubs (neighbours, acquaintances, colleagues, etc.) can be useful. While carrying out the legal search special attention should bepaid to the criminals products of intellectual activity (diaries, note-books, autobiographies, nota benes, letters, telegrams, e-mail messages),as well as his living conditions at the place of residence.

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