1-тақырып. Жалпы ережелер



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Даристер жинагы (1)

2. Personality Cryptstalker
(Perpetrator)

Consideration of the individual Cryptstalker can be done in two ways: 1) kriminalistiches-agency response; 2) criminal legal characteristic.


Forensic characterization of personality Cryptstalker says that the raider:


- It has a stable installation selfish type. This means that such a person is a major personal gain at

the expense of another's property;


- It is, as a rule, energetic man with a most - higher, at least - Secondary education, often - a degree, academic or honorary title;

- Knows how to please their superiors, the necessary co-Cams law enforcement agencies, the local administration;


- It has a wide circle of friends with the right people;
- Courteous, non-conflicting;
- Assists its accomplices in the calculation for mutual assistance in respect of itself;
- Often deliberately advertise around their real connection with the high-ranking officials. The purpose of this behavior - to achieve such an attitude to him when he "forgive" mistakes and shortcomings in their work, not only from peers, but also direct management;

- Rapid career growth, but only up to a certain level where raider feels safe, most comfortable and "impunity" can make misappropriation and embezzlement.




The criminal - legal personality characteristics Cryptstalker otherwise known as subjects of corruption crimes.
As an entity, attributable to the subjects of a criminal offense provided for in paragraph 2 of Part 3 of Article 189 of the Criminal Code, she admits:
1) Physical responsible person;
2) has attained 16 years of age;
3) The person to whom the property is entrusted to the lawful possession;
4) the person is endowed with certain powers in

relation to this property.


With regard to corruption offenses against property as the subject perceive a person endowed with certain characteristics that separate the subject of the presence, in addition to the mandatory, as additional features. This entity is called special. Signs of a special entity incorporated in the text n. 2 h. 3 tablespoons. 189 of the Criminal Code. These symptoms are: a person authorized to perform public functions; or an equivalent; or official; a person occupying a responsible public position.

As pointed I.Sh. Borchashvili, misappropriation or embezzlement of entrusted property, using his official position to be distinguished from abuse of office of authority.


The main differentiating criterion for this is the fact that the use of his official position in the composition of embezzlement of entrusted property serves as a means of committing a crime, but as part of the abuse of power characterizes the act itself. For example, as the assignment of a person using his official position to be considered an appeal by the person in their favor assets accumulated by violations of consumption of raw materials, production technologies violations, excessive rates of natural loss, etc. Such actions of the official as overstating their volume of work performed for subsequent receipt of the employees of the perepoluchennyh of funds should be qualified as misappropriation of entrusted property, using his official position. No staff assignments in the actions of the official expenses of the state illegally or public funds to organize various activities to receive commissions, "guests", and so on*.




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