Specific criminal intent in premeditated murder

Abstract

               The specific criminal intent, by its nature, is an internal psychological behavior that represents a particular purpose, meaning there is a specific motive behind the commission of the criminal act in cases of premeditated murder. This exists alongside the general criminal intent, which represents the will to commit the criminal act in premeditated murder. In this regard, the judge relies on the circumstances of each individual case of premeditated murder, as some may be driven by a goal of revenge, while others may be motivated by different purposes. There is no specific criterion established by the legislator for the judge to rely on. Therefore, judges often face significant difficulty in discerning the specific criminal intent, as the apparent criminal conduct, as well as the general criminal intent (the will to commit the criminal act), may not be sufficient to infer the specific criminal intent. Since the general rule in criminal law requires that motives and purposes not be considered in the determination of the crime in general, it is proposed that the legislator either avoid the requirement to explore the specific criminal intent in cases of premeditated murder and maintain this requirement in other crimes, such as terrorist offenses, or adopt the system of a specialized criminal judge who possesses the expertise and ability to identify the purpose and motive behind serious and important crimes, such as premeditated murder.