Intention is a legal concept established by the Criminal Code of the Russian Federation, which implies such a mental attitude of a person who committed illegal actions, in which he fully realized the danger of his actions for society, and also deliberately allowed the manifestation of consequences of his actions dangerous for society.
Instructions
Step 1
As statistics show, most crimes are committed intentionally. However, under certain circumstances, the presence of intent may not be obvious, respectively, it is necessary to confirm the fact of intent of the actions committed.
Step 2
In the process of proving the intentionality of actions, the goals and motives of the person committing the unlawful act play a key role. If this unlawful act is the ultimate goal, or an intermediate stage in the process of achieving any goal on the part of the accused person, as well as in cases where the unlawful act is a means of achieving the personal goals of the accused person, it is considered that the accused had goals and motives for committing a crime. Consequently, the crime was committed intentionally.
Step 3
In addition to the presence of goals and motives, a mandatory aspect in proving intent is the fact that the accused person realizes the danger to society that the action he has committed poses.
If confirmation of the existence of goals and motives for committing unlawful actions is mandatory for any case, then the accused need to confirm the awareness of the danger of their actions much less often. The fact is that the ability and ability to adequately perceive the meaning of their actions for society is inherent in almost every person who has a certain life experience and knowledge. Thus, confirmation of the awareness of the significance and danger of their own actions by the accused person is required only in cases where the person's ability to adequately perceive reality can be questioned. An appropriate medical and psychological examination is called upon to confirm the fact of the accused's awareness of the socially dangerous consequences of his actions, based on the results of which a decision is made on the accused's ability to adequately perceive reality and assess his actions at the time of the illegal act.
Step 4
Consequently, in order to justify the intentionality of the committed act, it will be necessary to formulate the goals and motives that the accused person pursued when committing illegal actions, and in some cases also to confirm the ability of the accused person to adequately perceive the surrounding reality and give a realistic assessment of his actions and their consequences for society.
