The Importance Of The Motiv And The Purpose Of The Crime For The Qualification Of The Plundering

Аннотация

The article deals with the legal analysis of the subjective side that is considered to be one of the elements of the crime of plundering. During the analysis, the form of guilt in the commission of plundering, the motive and purpose of the crime are studied. As a result, it is determined that today’s court proceedings are carried out as a result of changing or annulment of court verdicts related to robberies, misunderstanding of the requirements of current legislation and inaccurate assessment of its subjective side due to some deficiency in the law. In order to eliminate these problems, the author’s proposals on introduction of the concept of plundering in the criminal law, understandable use of the terms prejudice and bribery, as well as amendments and additions to the decision of the Plenum of the Supreme Court to provide clear and unique qualification of robbery. KEYWORDS Plundering, Subjective Side, Guilt, Motive, Purpose, Mercenariness, Other’s Property, Openly.