SUBJECTIVE FEATURES OF DISCLOSURE OF DATA OF OPERATIONAL-SEARCH ACTIVITY OF THE PRE-TRIAL INVESTIGATION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the study of the signs of the subjective aspect of the disclosure of data of operational and investigative activities, pre-trial investigation. The author points to the inextricable connection of the external side of the crime with its internal side. He analyzes the established in the science of criminal law views on understanding of guilt, its forms, types, content, essence and degree. He investigates scientific positions on possible forms of guilt, in the presence of which there may be a criminal prosecution of the disclosure of data operational and investigative activities of the pre-trial investigation. He consequently, starting with the analysis of the forms of guilt and ending with its views that criminal disclosure of data of operational-search activity of the pre-trial investigation can be recognized only if it is committed with direct intent. In general, the direct intent when disclosing the data of operational-search activity of the pre-trial investigation, he defines as an awareness of the person’s social danger and wrongfulness disclosure of data of operational-search activities or pre-trial investigation and the desire to make them disclosure. Then he discovers the content of direct intent. In particular he indicates that its intellectual trait consists in the perceived objective features of the accomplished (time, situation, content of the information transmitted etc.), as well as in the presentation of the person about his social significance, which finds its manifestation in social danger. When such disclosure necessarily takes place and awareness of the fact of violation of the prohibition (individually defined or regulated), that is, the awareness of the wrongfulness of his act. Persons who have been warned in writing about the obligation not to disclose the investigative secrets under threat of criminal punishment are fully aware that, by disclosure of such information, they thereby violate an individually determined prohibition. Subjects for Part 2 of Art. 387 of the Criminal Code, secrecy of the data of pre-trial investigation for which they are official duty, violate the regulatory prohibition. Volitional sign of direct intent when disclosing the data of a pre-trial investigation is that the person directs his mental efforts to implement a concrete action (in our case, to commit a disclosure), that is, he wants to commit it. The author proves the relevance of the criminalization of mercenary motive as a qualifying trait for art. 387 of the Criminal Code of Ukraine. Under the latter he suggests to understand the person’s aspiration as a result of disclosure of data of operative-investigative activity or pre-trial investigation to satisfy the individual need for the acquisition of property, property rights or exemption from property obligations or reduction of ordinary and necessary if the appropriate circumstances of personal expenses at the expense of another person.
Authors and Affiliations
А. А. Бражник
Keywords
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