Selfish Purpose in Special Types of Theft

Abstract

The article deals with the use of self-serving goals as a crime-forming feature of theft of special items, criminal liability for which is provided for in articles 221, 226, 229 of the Criminal Code of the Russian Federation. The author analyzes the terms “motive” and “purpose” in the framework of criminal law, as well as their relationship and the correct application of the concept of “theft”, which is given in the note to article 158 of the Criminal Code of the Russian Federation. The authors consider the points of view of scientists as to whether the concepts “self-serving motive” and “self-serving purpose” are identical or not, and whether self-serving purpose is a qualifying feature of the subjective side for recognizing the committed act as theft. It is concluded that the current criminal legislation needs to be changed in note 1 to article 158 of the Criminal code of the Russian Federation. According to the author, it is necessary to present this note in a new version and exclude the reference to a mercenary purpose. The motives of theft are not its criminalizing feature, and therefore should not be included in the legislative definition of theft.