The analysis of the corpus delicti in the investigation of crimes for abuse of power
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
In order to call a person to account and to be prosecuted for the signs of a certain type of crime specified in the criminal norm are revealed in the act committed by him. It is also determined by these signs that the committed act belongs to the class of offenses set forth in the criminal law. In criminal law, the totality of such signs is called the corpus delicti. In the literature, along with the signs of the corpus delicti, the expression of the elements of the corpus delicti is often used. An element of the corpus delicti being a structural part of it is a group element that corresponds to different aspects of the act (object, objective feature, subject, subjective feature), which is considered a crime under law. The object of the crime in cases of abuse of power is the normal operation of the state and local authorities. The objective feature of the crime can be both active and inactive. Generally, there are different positions in the theory of criminal law regarding the explanation of the object of the crime. Despite of these distinct positions, it is reasoned that the correct identification of the object of a crime contribute to determine the essence of the socially dangerous act, its legal nature, correctly characterize the specific socially dangerous act, to differentiate the components of the crime in controversial circumstances, etc. Crimes of abuse of power may be done directly or indirectly on purpose. The subject of the abuse of power is an official. Generally, the subject of malfeasance can only be an official, and the subject of a military crimes is only a serviceman or a person who is in the military service. It is not enough for a person to become a subject of the above-said crimes he or she is physically, quick-witted and has reached the age established by law. For this, the subject must also have certain additional features. In criminal law, the subject, which along with necessary features is characterized by additional features of the crime, is called a special subject.
Authors and Affiliations
Tural Bayramzadeh
Keywords
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- EP ID EP649425
- DOI 10.25108/2304-1730-1749.iolr.2019.60.-30-55
- Views 93
- Downloads 0
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