The Role of Motivation in Commission of Crime and the Amount of Punishment in Iranian Law

One of the necessary elements for committing a crime is the spiritual element, ie the perpetrator's mental interactions, which have components such as knowledge of the sentence and the subject; General malice and specific malice; And motivation. Motivation, which is sometimes interpreted as the cause, is the internal factors such as jealousy, love, revenge, hedonism, fame, justice, etc., which is the ultimate goal of committing a crime and the perpetrator to commit The crime drives. In fact, it can be said that motivation is the cause of moving and doing work.

This descriptive-analytical method uses library resources to examine the criminal teachings on the motivation to commit a criminal responsibility and punishment from the perspective of different schools.

In this study, while referring to the spiritual element and its elements, it pays special attention to motivation. Finally, by examining and relying on the opinions of criminal law scholars, it is explained that motivation has no effect on crime Specific can be considered as absolute public-private relationship. Explaining that whenever the legislature has made a specific criminal motive one of the elements of a crime, can be is considered as special malice.