Criminal Law: Crime, Punishment, Elements, Complicity, Official and Corruption Offences
Crime and elements
This domain tests the Criminal Code's general part and official/corruption offences.
- A crime is a culpable, unlawful act prohibited by the Criminal Code under threat of punishment. Elements are object, objective side, subject and subjective side (intent or negligence).
- Criminal liability generally starts at 16; for listed serious crimes it starts at 14. Insanity excludes guilt; intoxication does not automatically exclude it.
- Punishment aims at restoration of justice, correction and prevention. Types range from fine and community work to imprisonment.
- Complicity is intentional joint participation of two or more persons. Roles include perpetrator, organizer, instigator and accomplice. A group or organized group increases danger.
- Official crimes require a special subject: a person performing authority, organizational-administrative or administrative-economic functions. Bribe-taking is completed when the official accepts the illegal benefit, even if the requested act is not performed.
Worked example
An official takes 50,000 som from a businessman for issuing a permit within his duties. Reasoning: special subject (official), illegal benefit, link to official position, and intent. This is bribe-taking, not fraud; later performance is irrelevant after acceptance. If the official demanded money under threat of unlawful harm, extortion may also be considered.
Traps
Do not confuse a bribe with a lawful gift or a genuine loan. Do not call every public employee an official. Do not ignore the subjective side.