Kriminalistinio korupcijos apibūdinimo ypatumai

Abstract

Corruption as the criminal phenomenon was analyzed by criminology, criminal law, sociology and other sciences, but there was not any analysis of corruption definition in criminalistic in Lithuania till now. It is very important to understand corruption in criminalistic in the right way because of the purpose of the criminalistic, which is to expand the facilities of investigation and prevention of corruption. First of all it is really important to discover the features of corruption in criminalistic and to define these criminal acts criminalistic dimension considering that criminalistic deals with topical issues on each of criminal acts, their methods of investigation, solution and prophylaxis, gathering, exploratory, assessment of evidentiary material and tactical methods and measures.
This article aims to delimitate the conceptions of criminalistic and criminological corruption and the peculiarities of corruption in the criminalistic sense while using comparative, logical, critical, systemic analysis and other methods. In order to reach that aim different attitudes of laws are compared and analyzed, various vantage-points typical for criminal acts with corruptive nature are presented; different reasoning about the delimitation of corruption concept in the context of criminology science is given.
It is stated that the phenomenon of corruption should be understood as a regular and integral criminal process which is carried out by the individual who has work relations with the establishment as well as with private business subject, electors, the audience of mass media, i.e. viewers and listeners. This criminal process is shown through the claims of the status and the reliance streaming to get personal benefit. The latter should be understood in wider sense, i.e. not only as material, but also as prestige, the possibility of career prospects and as a reciprocal favor. Criminological aspect of corruption defines corruption as a social phenomenon, i.e. a steady bribery typical for a person or a group of people. While analyzing corruption in the context of criminalistic science was noticed that it is reasonable to discuss not about the corruption as a social phenomenon, but about the detection of the criminal acts which have corruptive character as well as about the development of such acts, the preparation of prevention methods. Also it is necessary to speak about the tactical, technical ways and techniques of collecting and examining of the traces and other evidentiary material connected with the criminal acts. The author of this article believes that one part of criminology deals with the criminal acts having corruptive character and the other seeing corruption as a social phenomenon. At the end of this article the author comes to the conclusion that corruption in the criminalistic sense should be understood as a group of corruptive criminal acts, done in the civil service, in the sector of public administration or while providing public services. They are united by the common nature of committing these crimes, the mechanism of the traces formation, detection and by aiming to get criminal benefit.