Separate Issues of the Accompliceship during Rent-Seeking Behaviour Qualification: Law Enforcement Practice
Abstract
In an article on the examples of the practice of law enforcement
agencies, are considered some of the controversial issues that arise
in the qualification participation in crimes of crimes constituting
corruption crime. Place your examples of judicial decisions in this
category of cases.
The receipt of illegal benefit is accomplished on a previous
concert by the group of persons, id est if in the feasance of receipt of
illegal benefit as co-executors participated two and anymore official
persons that in good time id est to his beginning, arranged about it
(both to and after the receipt of suggestion or promise to give an
illegal benefit, but to her receipt). Agreement (plot) at the commission
of this crime – it foremost consent to the common with other official
persons use of the given power or official position for the receipt of
one or a few forms (objects) of illegal benefit.
An official person that got an illegal benefit without a previous
agreement with other official person and after it passed to that her
part, bears responsibility for by totality of crimes is a receipt of illegal
benefit and her grant (century 368 and century 369 СС of Ukraine).
Characterizing and especially characterizing signs that testify to
an increase public ununconcern of receipt of illegal benefit
(for example, connected with the shakedown of illegal benefit, her
considerable, large or especially large sizes, responsible or
especially responsible position of official person that got her, and
others like that) it is required to put in guilt and co-executors, if these
signs were embraced by their intention.
It follows the action of official person, that assisted the illegal
moving of objects through a custom border, to examine as a
complicity in contraband goods and, at presence of grounds, as a
corresponding crime in the field of official activity. In contraband
goods it follows accomplice to acknowledge and expert that gives an
untruthful conclusion scienter, realizing that it is needed for the next
illegal moving of cultural value through the custom border of Ukraine.
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