Motive of intolerance in criminal proceedings: criminal law and forensic aspects of proof

Abstract

The article examines the specific features of establishing and proving the motive of intolerance in criminal proceedings through the prism of criminal law and forensic approaches. The research methodology encompasses a set of general scientific and special legal methods, including formal-logical, system-structural, and comparative legal approaches. Elements of empirical analysis of judicial practice and generalization of scholarly approaches to understanding the subjective element of a criminal offense are also employed.

The study establishes that the motive of intolerance constitutes a complex, multi-level category that integrates psychological, social, and legal characteristics and plays a decisive role in the classification of criminal offenses. It is substantiated that its identification is carried out indirectly through the analysis of an individual’s behavior, statements, social connections, and digital activity. It is demonstrated that the contemporary conditions of digitalization significantly transform the process of proof, leading to an increased role of electronic (digital) traces as a source of evidentiary information. A classification of digital traces according to their functional purpose within the mechanism of a criminal offense is proposed, which enhances the effectiveness of their use in the evidentiary process.

It is clarified that the use of digital evidence is associated with risks of modification and falsification, which underscores the need to ensure their authenticity and procedural admissibility. Particular emphasis is placed on the key role of digital forensic and linguistic examinations in determining the content of statements and confirming the presence of biased attitudes. It is revealed that the effective investigation of criminal offenses committed with motives of intolerance requires the integration of criminal law and forensic approaches, as well as the improvement of methodologies for handling digital evidence.

It is determined that increasing the effectiveness of proving the motive of intolerance is possible through the comprehensive use of both traditional and digital sources of evidence, the enhancement of forensic recommendations, and the unification of approaches to the assessment of relevant circumstances in law enforcement practice.