The motive is one of the psychological elements that accompany criminal conduct. It refers to the reason that drives the offender to commit a crime. This motive may be base or noble, which raises an important question in criminal jurisprudence regarding the extent to which a noble motive affects the establishment of criminal responsibility or the assessment of punishment.
A noble motive is a driving force characterized by a positive moral or social value, such as committing an act in defense of honor, without rising to the level of a ground of justification. Despite the moral elevation of such a motive, the general rule in criminal law provides that the motive, regardless of its nature, does not affect the existence of the crime once its legal elements are fulfilled.
In Iraqi legislation, criminal responsibility is established upon the realization of the material element and the mental element, without requiring the motive to be corrupt or base. What matters is the will to commit an act prohibited by law, not the purpose sought by the offender. Accordingly, a noble motive does not negate criminal intent nor does it prevent holding the perpetrator criminally liable, as long as the offender was aware of the nature of the act and intended its result.
However, the effect of a noble motive in Iraqi Penal Law No. (111) of 1969 appears clearly at the stage of sentencing, as affirmed by Article (128/1), which states that “the commission of a crime for noble motives shall be considered a mitigating excuse.” It should be noted that the benefit of a noble motive is not limited to crimes of killing committed under the pretext of cleansing honor, since the provision is formulated in absolute terms and does not specify particular crimes. Rather, it is regarded as a personal circumstance that the court may take into consideration if it is convinced that the crime was committed for a noble motive that does not involve a high degree of criminal dangerousness.
In conclusion, a noble motive does not affect the establishment of criminal responsibility under Iraqi law; however, it plays an important role in assessing and mitigating the penalty. In this way, the legislator balances the protection of the legal order on the one hand and consideration of the offender’s human and moral motives on the other, thereby achieving justice without undermining the principle of criminal legality.