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| Forgery - making it official (civil servant or employee of the local government, non-official) in the official documents of obviously false data, as well as distorting their actual content, if the acts are committed on mercenary prompting or other personal interest (formerly the actions were called official forgery).
This definition is important not only for qualifying action under Article 369 of the Criminal Code, but also for a correct understanding of the content of official crimes, limiting it by a disciplinary offense. The main features defining the compounds of this class of offenses are: 1) assault on normal, legitimate activities of the state apparatus; 2) the act or omission of the person who violates the interests of the service, resulting in significant violation of the rights and legitimate interests of citizens, society and the state; 3) commission of crime officer; 4) an offense, willful or reckless. Abuse of office (Art. 361 of the Criminal Code) is one of the most common corruption offenses. Under the abuse of power means the use of a person, the Commissioner in the performance of public functions or an equivalent person of his official powers against the interests sluzh- to the purpose of deriving benefits and advantages for themselves or other persons or entities, or harm another person or entity. An act is considered corruption the following conditions: a) causing significant damage to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the State (Article 361 of the Criminal Code); b) it was committed by an official (Article 361 of the Criminal Code); c) it was committed by a person occupying a responsible public position (part three of Article 361 of the Criminal Code); g) occurrence of serious consequences or the commission for the benefit of a criminal group (part four of Article 361 of the Criminal Code). Penalties vary depending on the presence of the above features. These characteristics are the basis of determining the composition, with special qualifying characteristics. Thus, the first part is punishable: - Basic - a fine of up to two thousand MCI or correctional work in the same amount; restriction of liberty for up to two years, or imprisonment for the same period; - More - confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities. For the rest of the main features of punishment as follows: - For the second part: a fine of up to four thousand MCI or correctional work in the same amount, or restriction of liberty for up to four years, or imprisonment for the same period; - On the part of a third: a fine of up to six thousand MCI or correctional work in the same amount, or restriction of liberty for up to six years, or imprisonment for the same period; - On the part of the fourth: imprisonment for a term of four to eight years. Additional penalties in parts of the second, third and fourth paragraph of Article 361 of the Criminal Code are the same as in the first part. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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