FORMS AND METHODS OF EXCESS OF POWER OR PERSONAL AUTHORITIES BY LAW ENFORCEMENT OFFICIALS


  • M. S. Fedorenko
Keywords: criminalistic description of crimes, elements of criminalistic description of crimes, forms and methods in the structure of criminalistic description of power excess or personal authorities by law enforcement officials, classification of forms and methods of power excess or personal authorities by law enforcement officials

Abstract

Forms and methods of excess of power or personal authorities by law enforcement officials as structural elements of criminalistic description are considered. It is noted that use of the terms "form" and "method" to acts of excess of power or personal authorities testifies to complicated structure of these unlawful acts that appear outwardly on the forms, but are implemented in the system of certain deliberate illegal actions of law enforcement officers aimed at achieving a criminal purpose. Form reflects external aspect of actions regarding of excess of power or personal authorities (obviously illegal detention, bringing or arrest, violation of the right to protection, violation of housing inviolability, destruction or damage to another's property, violation of correspondence secret, telephone conversations, telephone and other correspondence, transmitted by communication means or through a computer; coercion to offer testimony and report information; sign illegally written protocols; imprisonment or restriction of freedom of action or relocation) and the method is internal, nаmely how the excess of power or personal authority was carried out, for example, through giving unlawful commands, orders to subordinates; signing of documents on behalf of superior persons; intimidation, blackmail, striking, use of special means, including prohibited; prolonged deprivation of a person food, drink or heat; unlawful placement of a person into a camera for administrative substantiated on the basis of falsified protocols on administrative violations; forced victim detention at certain place; attempts to force the victim to transport by means of official vehicle and physical punishment or extortion of money, etc. Therefore, in the criminalistic description of excess of power or personal authorities by law enforcement officials, information should be reflected both on the forms and their methods.


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Published
2018-12-26
How to Cite
Fedorenko, M. S. (2018). FORMS AND METHODS OF EXCESS OF POWER OR PERSONAL AUTHORITIES BY LAW ENFORCEMENT OFFICIALS. Theory and Practice of Forensic Science and Criminalistics, 18, 122-134. https://doi.org/10.32353/khrife.2018.14