1-тақырып. Жалпы ережелер
Under forgery meant making
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Даристер жинагы (1)
| Under forgery meant making a person authorized to perform public functions or an equivalent person in the official documents of false information or the introduction of the said documents distorting their actual content or the issuance of false or forged documents, if these acts are committed in order extracting benefits and advan-societies for themselves or other persons or entities, or harm another person or entity.
A feature of the documents subjected to criminal influence is that they will come from the public authority. As these documents, as previously stated, are: employment history, education diploma, passport, military ID, retirement, work ID, vehicle registration document, etc. There are two kinds of forgery: the material and intellectual. Material forgery - is a complete compilation of false documents both in form and content, fake signature stamp printing, print, etc. Intelligent fraud - is the preservation of an original document with the introduction of falsified information in it. For example, in true form diploma of education included information on the person (document holder), which is never in the school does not teach. In this form, sign, seal - original, and data (information) in this document - falsified. Article 369 of the Criminal Code, there are three parts. For an act established the basic punishment: - For the first part: a fine of up to two thousand MCI or correctional work in the same amount, or restriction of freedom for up to two years, or imprisonment for the same period; - On the second part (the act is committed by an official): a fine of up to three thousand MCI or correctional work in the same amount, or restriction of freedom for up to three years, or imprisonment for the same period; - On the third part (act committed by a person occupying a responsible public position): restriction of liberty from three to six years, or imprisonment for the same term. In all three parts of article 369 of the Criminal Code provide for additional penalties: confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities. According to article 370 of the Criminal Code recognizes failure to act in the service failure by a person authorized to perform public functions or an equivalent person of their duties in order to reap the benefits and advantages for himself or other persons or entities, or causing harm to other persons or organizations, if this has involved a material breach of the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state. Inaction necessarily mean that certain actions that the person should have to make, but not committed, - fall within the scope of his official duties. At the same time the person was a real opportunity to take these actions. Inaction can be completely passive (pure inaction), partial (improper execution, partial, incomplete performance of their duties). Article 370 of the Criminal Code has four parts. The main forms of punishment are set: - For the first part of Article 370 of the Criminal Code - a fine of up to two thousand MCI or correctional work in the same amount, or restriction of freedom for up to two years, or imprisonment for the same period; - On the second part of Article 370 of the Criminal Code (committing an act by an official) - a fine of up to three thousand MCI or correctional work in the same amount, or restriction of freedom for up to three years, or imprisonment for the same period; - On the third part of Article 370 of the Criminal Code (offense committed by a person occupying a responsible public position) - a fine of up to five thousand MCI or correctional work in the same amount, or restriction of liberty for up to five years, or imprisonment for the same term ; - On the fourth part of Article 370 of the Criminal Code (act resulted in grave consequences) - deprivation of liberty for a term of four to eight years. For all four parts of Article 370 of the Criminal Code provide for additional penalties: confiscation of property; lifelong deprivation of the right to occupy certain positions or engage in certain activities. жүктеу/скачать 2,07 Mb. Достарыңызбен бөлісу:
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