The legal definition of an official and his responsibility in criminal law
Officials play a key role in the system of public administration and organization. Their responsibility in criminal law is related to a wide range of crimes related to their official activities. The definition of an official and the relevant legal norms ensures fair law enforcement in the field of public administration.
Paragraph 26 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the concept of "official" as a person who performs the functions of a government representative or performs organizational and administrative, administrative and economic functions in state bodies, local governments, as well as in the Armed Forces and other military formations of the Republic of Kazakhstan.
Comments on the definition:
1. Functions of a government representative:
- These are persons who have the authority to make decisions on behalf of the State or the body to which they report. Such persons may participate in legislative, executive, or judicial functions.
2. Organizational and administrative functions:
- Officials who perform the functions of organizing and managing work in government agencies or military formations. This may include assignment of tasks, monitoring of implementation, decision-making on the appointment and relocation of employees, etc.
3. Administrative and economic functions:
- Persons involved in the management and control of the use of resources, budget, provision and other economic activities.
Application in legislation:
1. The Criminal Code of the Republic of Kazakhstan:
Article 20. A criminal offense committed intentionally
Article 21. A criminal offense committed by negligence
Article 22. Liability for criminal offenses committed with two forms of guilt
Article 23. Innocent infliction of harm
Article 24. Preparation for a crime and attempted crime
Article 25. Completed criminal offense
Article 26. Voluntary renunciation of a criminal offense
Article 27. The concept of complicity in a criminal offense
Article 28. Types of accomplices in a criminal offense
— considers the qualification of crimes related to officials, which often have more serious consequences, which affects the qualification of acts in these articles, the qualification of crimes may depend on whether the person is an official, which affects the severity of the crime and punishment.
2. The Law of the Republic of Kazakhstan "On Civil Service":
- This Law regulates the legal status and duties of officials working in state and local government bodies. It also establishes rules for the appointment, dismissal and liability of such persons.
3. The Law of the Republic of Kazakhstan "On Combating Corruption":
- This Law defines the powers and responsibilities of officials in the field of combating corruption, as well as establishes norms governing their activities and sanctions for acts of corruption.
4. Resolutions of the Supreme Court of the Republic of Kazakhstan:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No. 8. "On the practice of considering certain corruption crimes" — contains clarifications on the qualification and investigation of crimes related to officials, and defines how to classify acts depending on the status and powers of the accused.
Conclusion:
The term "official" covers a wide range of persons who perform functions related to the management and organization of work in government agencies and military formations. This definition is important for the qualification of crimes related to violations of the law by such persons and their responsibility.
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