Conception of Document and its Importance for Qualification of Criminal Activity
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Abstract
The article analyzes the concept of a document as juridical category. It is necessary to clarify the essence of the document as juridical category for the proper qualification of acts connected with falsification of the documents. In the Criminal Code (further – CC) that entered into force on May 1st 2003, the features describing the document were refused, which, on essence, would have to alter qualification of criminal acts connected with falsification of the documents. The difficulties may arise due to the fact that the object of document falsification action’s composition – the order of control – was not altered. The article analyzes the object and subject of the above mentioned activity’s composition, their impact on the proper qualification of the activity. The author present the new outlook of discussed object of criminal activity composition, which she connects with the content of the document. Such conception of the object has helped to find more suitable definition of the object; thus, the article provides the proposal regarding the clarification of the title of XLIII part of CC. Apart from that, the article discusses the role of the document in qualification of the criminal acts connected with falsification of the document.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.