КОРИСТОЉУБЉЕ КАО МОТИВ ВРШЕЊА КРИВИЧНИХ ДЕЛА
LUCRATIVENESS AS A MOTIVE OF ENFORCEMING CRIMINAL OFFENSES

Summary/Abstract: The paper points to the importance of the motives in criminal law, with a special emphasis on lucrativeness. Given that there is no unique understanding of these concepts in theory, an overview of different teoriticaly attitudes is given, and it is especially pointed out the extent to which the motives, including lucrativeness, are included in the Criminal Code. In a separate chapter, the importance of lucrativeness in criminal law is dealt with, whenever this is a circumstance that is an important element of a criminal offence, where there is a basis for imposing a fine as a secondary, or where this circumstance is of relevance to the determination of the sentence. Special emphasis is given to the lucrativeness in judicial practice, where it is pointed out cases from case-law, both the courts in the Republic of Serbia and the courts from the countries in the region, and from the analysis of court practice, the conclusion is that the issue of motives, including lucrativeness, doesn't give enough attention. In the final deliberations, certain proposals were made in order to determine the concept of lucrativeness by the legislators, pointing to the need for the court practice to pay great attention to the motives of the commission of criminal offenses, including the lucrativeness.

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