The Process of Motif Appearance- Criminal Law Aspect

There is no agreement in science on the question of motif appearance. The process of generating of motif and its influence on human behavior is called motivation. In Serbian under the term ”motivation” giving the causes and citing the reasons for certain behavior is concerned. In order to determine the content of criminal motivation process it is necessary to consider the relation between the needs and other personality factors determing that motivation process, generating from certain human needs as well. The essential and dynamic function is realized through the motivation process. The essence of motivation process is in dynamic since the motif is a dynamic psychobiological factor. The system-structural principle should be applied in motif-process study where motivation is to be concerned in aspect of the whole personality functioning. The motif conflicts as a segment of motivational process represents the complex intra-psychological conflict which occupies the whole lawbreaker personality structure. It is of great value for the criminal low science to analyze the motif conflicts which make the criminal to do or not to do the certain criminal act and represent the essential content of the guilt at the same time. The criminal motives outcome either from the certain criminal needs (antisocial and immoral) or the needs which are satisfied in criminal way. The criminal act is the most often done as a consequence of the motif gathering. The criminal motivation is defined as integral psychological (motivational) processing, development, differentiation, and realization of criminal motif which determines and directs the criminal act (criminal low act) of the law breaker-executor. The criminal motivation could be put into types of: (1) motivation of premeditation (intention) criminal delicts; (2) motivation of habitual criminal delicts; (3) motivation of premeditatioimpulsive criminal delicts; (4) motivation of culpa criminal delicts. The type of criminal motivation determines the content of motif and motivation. The criminal motivation is always destructive and is realized by the execution of criminal law act. The criminal motif is psycho-normative category. As a psychological category motif represents a psychological component without which any subjective element of criminal delict - GUILT can exist, while as a normative category motif represents one of the basis for the criminal-law reproach to the criminal - executor of criminal did.