The Role of Motive Evidence in Premeditated Murder Cases

Abstract

The aim of this study is to investigate the role of proving motive in cases of premeditated murder, as well as to determine the significance of proving motive in such cases. This research falls under the category of normative legal research, employing a statutory approach, conceptual approach, and case approach. The findings of this study reveal that proving motive in premeditated murder serves three main functions. Firstly, it helps establish the involvement of individuals in criminal activities. Secondly, it assists in determining the elements of criminal liability. Lastly, it plays a crucial role in determining the severity of punishment. Consequently, proving motive holds a fundamental position in establishing criminal acts, particularly in cases of premeditated murder. The position of motive in premeditated murder necessitates the presentation of various arguments, as outlined in this thesis. One key argument is the essentiality and necessity of motive in proving the core offense of "intentionally" as stipulated in Article 340 of the premeditated murder statute.