公文伪造的犯罪学特征

D. Serhieieva, Z. Toporetska
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摘要

本文在对刑法学和刑事程序科学文献进行分析的基础上,分析了公务伪造的刑法学特征。在大多数腐败犯罪中,伪造公职是一种犯罪,这是有道理的。在大多数情况下,其委托的原因和条件与促成腐败和官员不当行为的因素有关,因为在大多数情况下,官方伪造伴随着这些因素。本文的目的是研究办公室假冒犯罪的犯罪特征。犯罪的犯罪学特征被认为是包含一套特定类型犯罪所固有的法医学意义特征的系统。像任何系统教育一样,犯罪学的犯罪特征是由相互关联的组成部分组成的。所示要件不是孤立的,而是有一定的关联联系,是由要件按照犯罪活动部署的先后顺序,从位置出发依次放置确定的:1)行为人的人格行为方向2)犯罪对象的选择3)在一定的环境中4)运用一定的方法5)以一套轨迹和损害的形式造成相应的影响。本文分析了公务伪造犯罪特征的几个要素:行为人的身份、直接犯罪攻击的主体、实施犯罪的方法、以下画面。公务伪造的犯罪特征使其区别于其他犯罪,特别是区别于伪造文件以及通过伪造实施的犯罪。公务伪造的犯罪学特征有助于查明这类犯罪的刑事诉讼中需要证明的情况,并有助于规划对这类犯罪的调查。同时,在这类犯罪的侦查过程中,还存在着许多问题需要进一步解决,因此这一问题需要单独的科学研究,这将是进一步科学研究的课题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminalistics characteristics of official forgery
In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.
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