Legal Analysis of Attempt on the Life of Internal Affairs Officer as the Body of Criminal Offence

Chingiz A. Issabayev, Aidos A. Yeskendirov, Zhanna B. Shayakhmetova, B. Begaliyev, Zhanargul A. Khammetova
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Abstract

Disorganized crime impact on the society is provided by criminal pressure on law enforcement officials – from engagement in criminal networks, bribery, blackmail to their liquidation. Social danger of the offences studied is that it threatens the life of internal affairs officer to prevent him from professional duties for the law enforcement, intentionally destabilizes normal operation of public authorities, and undermines their authority in the public’s mind. The purpose of the article was to analyze the types and motives of attempts on an employee of internal affairs bodies from a legal point of view. To achieve the purpose, the opinions of other researchers who studied this problem were examined, as well as legal documents regulating crimes committed against employees of internal affairs bodies. It was noted inconsistencies in the evaluation of sanction measures against perpetrators responsible for offences provided for by p. 2, part 2, article 99 and part 1, article 380-1 of the Criminal Code of Kazakhstan. It was concluded that the strengthening of criminal liability will significantly affect the status of crime situation, enhance the government authority and strengthen overall prevention in the country.
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内务人员生命作为刑事犯罪主体的尝试法律分析
无组织犯罪对社会的影响来自于对执法官员的犯罪压力——从参与犯罪网络、贿赂、勒索到清算。所研究的犯罪行为的社会危害性是指威胁内务人员的生命,使其无法履行执法的专业职责,故意破坏公共机关的正常运作,损害公共机关在公众心目中的权威。这篇文章的目的是从法律的角度分析对内务机构雇员的企图的类型和动机。为了达到这个目的,我们研究了其他研究这个问题的研究人员的意见,以及规范对内务机构雇员犯罪的法律文件。有人指出,在评价对对《哈萨克斯坦刑法》第2部分第99条和第1部分第380-1条规定的罪行负有责任的犯罪者采取的制裁措施方面存在不一致之处。结论认为,刑事责任的强化将显著影响犯罪态势的地位,增强政府权威,加强国家的整体预防。
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