THE ACTUAL ERROR AND ITS CONSIDERATION IN THE QUALIFICATION OF CRIMES IN THE SPHERE OF PERFORMANCE AND PROFESSIONAL ACTIVITIES RELATED TO THE PROVISION OF PUBLIC SERVICES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 2, Issue
Abstract
The article is devoted to the analysis of factual errors about features that characterize the object of the crime, which can take place during the Commission of crimes in the sphere of performance and professional activities related to the provision of public services, as well as their impact on the qualification of the relevant offences. So, assuming the error in the object of the crime, the person incorrectly imagines the socio-legal nature of those protected relationships, values, benefits and the like, on which it encroaches in the Commission of certain acts. As an example of this error consider the situation where the public official working in public limited company, is using his official position contrary to interests of service and causes substantial damage to the business entity. However, an official believes that the actions it damages a legal person in public law although in fact the harm is a legal entity of private law. Also addressed the issue of how to qualify the act officials, the intent of which was aimed at inflicting damage to several objects, but in fact because of an error in object the damage was done to only one object. In turn, the error in the subject may be accompanied by only committing the crimes for which the subject is legally significant evidence of a crime. This actual error may relate to the qualitative and quantitative characteristics of the subject. The article describes the cases of this error on the example of the crimes stipulated by articles 368, 368-3 and 368-4 of the Criminal code of Ukraine. At the end of the article has an error in the face of the victim, which is that in the Commission of a criminal assault damage is applied to the wrong individual that is covered by intent of the perpetrator. This type of error is considered on the example of articles 365 and 373 of the Criminal code of Ukraine.
Authors and Affiliations
Г. М. Зеленов
Keywords
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