The Criminal Code of the Russian Federation lists numerous crimes that may be committed by private individuals, companies and officials. Especially much attention is paid to malfeasance. It is committed by persons endowed with certain powers. An official crime is an unlawful act of a person who has some specific rights. It may be represented by negligence, bribe, abuse of authority or other illegal acts. Punishment for them is provided for in numerous articles of the Criminal Code. They can lead not only to the imposition of significant fines, but also to criminal liability represented by forced labor, imprisonment or a ban on holding specific posts for a long time.
The concept of officials
Officials are persons who are permanently or temporarily endowed with certain specific powers. They provide an opportunity to perform the functions of a representative of state authorities. This also includes citizens who exercise administrative, economic, organizational or administrative functions in various state organizations, in local administration, municipal institutions or the Armed Forces of the country.
Officers are determined on the basis of three characteristics:
- there is a specific nature of the labor functions performed, therefore, citizens are vested with special powers and duties;
- these functions must have a legal basis;
- work should be carried out in appropriate bodies, institutions or organizations.
All people working under such conditions must strictly follow the basic rules of the work of organizations. If they are violated, then such actions are represented by the crimes of officials. They are considered serious offenses for which criminal liability is imposed.
Types of Crime
Officials are endowed with numerous powers and opportunities, which they often abuse for personal mercenary purposes. Such acts constitute a serious offense. There are several types of misconduct. We will talk about them a little later, considering the features of each category of illegal acts.
Crimes of officials must be thoroughly investigated. Punishment is assigned exclusively by the court, for which all the circumstances of a particular case are studied. In this case, different articles of the Criminal Code may be applied, for which specific actions committed by citizens are identified.
Abuse of authority
These actions are listed in Art. 285 of the Criminal Code. On the basis of this article, not only officials, but even public servants endowed with certain specific powers may be held liable. For such persons, increased responsibility is assumed if they use the opportunities obtained for personal purposes.
Abuse of misconduct can lead to the appointment of a real prison term for a citizen. This takes into account some features:
- violation is the use of authority not in the interests of the service, but to solve personal problems;
- the terms of reference are determined by various official documents, which include charters, regulations, instructions or other normative acts, moreover, they list all the rights and obligations that are vested to citizens holding a specific position;
- it is not allowed to use one’s authority to solve personal problems, and this even applies to pressure on others in telephone conversations or in person;
- committing various actions within the limits of existing competence will be considered a crime, but at the same time they contradict the goals and objectives set for a particular state organization.
The concept of misconduct is very multifaceted. Most often, it is understood that a citizen, empowered and using it, commits any illegal actions. However, the commission of a crime is possible even with inaction on the part of a person endowed with a certain power.
The crime should be revealed material composition. It is considered completed if the interests of the state or a specific state organization are violated. It is required to prove the presence of selfish interest. It is represented by the desire of a person to receive any personal benefit. To do this, someone else's property owned by the state or third parties can be used.
The person committing the misconduct designated in the Criminal Code seeks to obtain any property benefit from this. For this, their unique powers or property entrusted to use may be used. Typically, such actions lead to numerous negative consequences. Official crimes are actions that result in major accidents or a halt in the production process. Generally caused to other persons or organizations major material damage. Often the consequence is the infliction of severe harm to human health.
Abuse of power
These actions are also serious crimes. They are regulated by Art. 286 of the Criminal Code. The process of abuse of authority implies that a citizen performs actions that go beyond the limits of his capabilities and rights.
Crimes committed by officials in this area can be represented by varieties:
- the performance of various actions or transactions that fall within the competence of another official;
- operations are carried out that can be carried out exclusively collectively;
- the offender does not have special powers, but he still performs certain actions for which they are required;
- performing operations that are illegal for any person, regardless of different conditions and circumstances.
In order to bring the culprit to justice, it is necessary that he has certain official or authority powers in relation to persons who are directly affected by the actions taken.
Crimes committed by officials by exceeding their authority can be represented by different types:
- inflicting blows, blows or other physical damage to other persons;
- torture of citizens;
- illegal deprivation of liberty of a citizen;
- the use of mental violence or threats;
- intentional harm to health or planned murder, moreover, such actions are classified as a serious crime, therefore, information from art. 111 and Art. 105 of the Criminal Code.
In addition, aggravating circumstances are taken into account. This includes not only the fact that the offender exceeds his authority, but also that when committing an official crime, he can use various technical means, weapons or other devices issued to him in the service. This includes special rubber sticks, handcuffs, gas or other items used by law enforcement officials.
If an official inflicts extremely serious damage to a citizen during the commission of a crime, which leads to his death, he will be held criminally liable for deprivation of liberty.
Assignment of authority to another person
Another type of misconduct is the misappropriation of any powers that actually belong to another employee. On the basis of such an action, the citizen performs operations that are contrary to the law. This inevitably leads to the violation of the rights or interests of citizens, the whole society or any company.
Some individuals may appropriate the ranks or authority of other officials, on the basis of which they commit dangerous acts. They are criminal; therefore, they are listed in Art. 30 of the Criminal Code. They violate the interests of the entire state, as well as services.
Assignment of powers belonging to another person can be expressed in different actions:
- declaring yourself to be another employee;
- the use of false documentation;
- use of specialized uniforms.
On the basis of the above actions, a misconduct is committed. In this case, a person enjoys different powers and capabilities, which in fact he is not endowed with. For example, he can receive visitors or make decisions on various matters, stop cars of citizens or use other methods for his own gain. Such actions are, according to 288 Art. Criminal Code of the Russian Federation, an official crime.
Criminal liability applies if there is evidence of a particular person’s guilt. The citizen must be aware that he will specially use the special powers that another employee has in order to commit illegal actions.
Illegal participation in business
A very common scheme in the Russian Federation. An official crime of this kind consists in the fact that an official opens a company, the purpose of which is entrepreneurial activity. In addition, this includes the situation when an employee of a municipal or state organization takes part in the management of a private commercial company. Such actions are expressly prohibited by law. This is due to the fact that the subject of misconduct, represented by an official, at the expense of his powers and capabilities, can enjoy various benefits and advantages for the enterprise. This leads to significant and dishonest profits.
Official crimes are actions aimed at making a profit. For this, an official may open companies or participate in the activities of existing commercial enterprises. During the investigation of such a crime, it is required to establish a connection between the various actions performed by the official and the benefits or advantages received by the company. Most often, such actions are associated with the patronage of the enterprise.
Receiving a bribe
The concept of a misconduct includes even receiving money from unauthorized persons in order to use an official’s powers to provide these individuals with various benefits or advantages. Such an offense has several features:
- a bribe may be transferred to an official in person or through an intermediary;
- it can be represented not only in cash, but also with various securities, property or other benefits;
- even the absence of any negative actions for the company or private entrepreneur, for example, the absence of a business audit, can be considered a bribe.
A bribe is necessarily represented by an illegal gain, which is characterized by property parameters. It can be issued in whole or in part free of charge.
There are even some new types of bribes, which include:
- purchase or lease of residential or non-residential premises;
- money transfer from one account to another;
- privatization of individual companies, which may be manufacturing or trading.
Of course, crimes committed by officials are usually carefully hidden. To do this, employees of various state institutions open accounts in foreign countries or draw up various property for their relatives who may reside in Russia or another country. Often, trips to foreign countries are organized at all, during which currency is issued.
In the Criminal Code of the Russian Federation, misconduct in the form of a bribe is a serious unlawful act. Not only cash, but also property or securities are now considered a bribe. Often, it is completely beneficial to obtain permits for travel or visiting a sanatorium. Even repair or construction work can be represented by a bribe.
There is even a veiled form of bribe, therefore, in Art. 575 of the Civil Code prohibits giving civil servants or employees of municipal organizations large gifts worth more than 5 minimum wages. In judicial practice, there is a case where a judge considered a third party to pay an official’s meal in a restaurant as a bribe.
A bribe is usually given for the fact that the official must perform any action or refuse to carry out certain operations. These actions may be included in the official duties of the employee or they may exceed their authority.
Criminal liability for malfeasance occurs both in the event of a single instance of receiving a bribe, and in case of its repeated receipt. Additionally included here is extortion, represented by the requirement of the official to provide a certain amount of funds, and if this requirement is not fulfilled, then a citizen or company can expect negative consequences. Therefore, third parties are simply forced to transfer their money to an official in order to avoid a violation of their interests or rights.
Giving a bribe
The provision of money or other valuables to other persons by an official is also considered a significant violation. Official crime is not only receiving a bribe, but also transferring it to third parties. An intermediary may be involved for this.
Usually a bribe is used to obtain certain benefits or benefits, which allows an employee of a state or municipal institution to receive certain benefits. A bribe can be given not only in one's own interests, but also for the achievement of a specific goal by the whole organization. Even if an official demands from his subordinate the transfer of a bribe to a third party, it is he who acts as a bribe giver, therefore he is held accountable for an official crime. Under these conditions, the subordinate is also held accountable, but already as an employee of the organization.
If an intermediary is used to transfer a bribe, then in the investigation of official crimes, it is taken into account whether he possessed information about this process. If he knew that the funds were transferred in order to obtain certain benefits from another person or company, then he is considered an accomplice in the crime.
Forgery
Official forgery assumes that an official writes inaccurate information in various official documents. Also, this includes the correction of various information in the papers, which lead to the distortion of reliable facts. These actions are committed for personal gain.
Not only officials, but also other employees working in state or municipal organizations are held accountable for such a crime. Description of official crimes of this kind:
- the official documentation represented by numerous acts, on the basis of which rights are granted, obligations are limited, various facts and events are certified as the subject of a crime, but they necessarily have legal force and importance;
- the main goal of such a crime is usually the opportunity to seize an official with other people's property through forged documents ;
- such actions are generally classified as fraud;
- There are several ways in which forgery can be performed, for example, knowingly false information can be entered into the documentation, and reliable facts can also be corrected;
- most often, changes are made to the amount of money or to the personal data of different citizens;
- the corpus delicti ends at the moment when a direct forgery is carried out, namely, documents are replaced with fake papers or corrections are made to the information available;
- further application of such documents is prohibited, and the actions of an official are considered a crime under the Criminal Code.
Crimes related to forgery are committed with direct mercenary intent. The official should have a personal interest in the process. It is usually disclosed in the investigation of malfeasance. .
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Often such crimes are committed by medical experts who carry out examinations on the basis of a court order or other government bodies. The expert must be represented by an experienced physician with appropriate education and special training. He should work as a full-time forensic medical expert. If the necessary specialist is not available in the state, then it is allowed to attract a doctor of a suitable specialty. He takes part in the examination based on his profile. He is called an official doctor in official documents.
The expert, before conducting an examination or when participating in a preliminary investigation and at a court session, is warned in advance that he is vested with responsibility for giving false testimony on the basis of Art. 307 of the Criminal Code.
Extortion
Separately, the provisions of Art. 163 of the Criminal Code, which includes a crime represented by extortion by employees of medical institutions. They require their patients to pay a certain amount of funds, for which they undertake to fulfill their duties with all responsibility and caution.
Extortion may involve the transfer by patients or clients of not only cash, but also other material goods represented by food, alcohol, sweets, or even valuable property.
Not always receiving material benefits from patients leads to the fact that the doctor is prosecuted, since it is required to prove the existence of extortion. Often, patients themselves want to thank doctors for the quality of medical services provided. Under such conditions, the unlawful receipt of remuneration is not considered a crime.
Extortion can be carried out not only by medical workers, but also by other officials working in various state institutions. The process assumes that the ransomware intentionally forces others to transfer his funds or property to him. Only under such conditions does the official undertake to fulfill his duties correctly and efficiently. Threats of violence or destruction of property of others may be used. Specialists may even threaten to spread confidential information or violate the rights of others.
The crime is considered completed from the moment when unlawful demands are made, which are additionally supported by threats. In the medical field, the opportunity is usually used by the doctor to disseminate personal information about the patient.
The result of extortion is usually the receipt by the official of certain material goods represented by money, valuable property or other values. Persons take advantage even of threats or other possible measures of influence. Extortion must be confirmed by the fact that the official directly requires a certain form of remuneration from any citizen or company representative. A threat is information that various information will be disseminated, which will lead to negative consequences for a third party.
Responsibility for crimes
If signs of misconduct are detected, an appropriate investigation is conducted. The process is carried out only by experienced professionals represented by law enforcement officials. It is designed to determine the composition of the misconduct, as well as identify all the perpetrators of this act. Only if there is evidence will the case be referred to court.
Responsibility for a misdemeanor depends on how much damage was done to someone else's property or to the health and life of people. Different measures are used to punish perpetrators as a standard:
- the inability to hold leadership positions for a certain period of time;
- prohibition of work in a specific field of activity;
- attraction of a citizen to compulsory or forced labor;
- collection of significant fines;
- imprisonment for a different term, which depends on the aggravating or mitigating circumstances of the case.
Therefore, all people working in important positions in state or municipal organizations should be responsible in their work and responsibilities. If the laws of the Russian Federation are intentionally and for personal gain violated, this will lead to the deprivation of property and freedom.
Conclusion
Thus, many crimes are official. They are committed by state or municipal employees endowed with certain unique powers.
According to the Criminal Code, malpractice is negligence, extortion, receiving a bribe, abuse of authority or other illegal actions. For each official, an appropriate investigation is required to ensure that the corpus delicti is available. Based on the results of this investigation, a hearing is being held. It addresses all aggravating or mitigating circumstances, after which the official is held criminally or otherwise liable.