23 Apr THE CRIME OF DISTORTING, DESTROYING OR CONCEALING AN OFFICIAL DOCUMENT
205 of the TCK. in the article ”a real official document”, 208. in its article, the acts of corrupting, destroying or concealing a ”real private document” are punished.
By destroying, destroying or concealing an official or private document, existing evidence is eliminated, which includes deprivation of a means proving public trust.
The material subject of the relevant offense are official or private documents. On the other hand, these documents must be legally valid and real documents, so that corruption, destruction or concealment of a fake document does not constitute these crimes. In this case, only if it establishes the conditions 281. it is possible that the crime in the article will occur. In the same way, if the modified part of an actual document is corrupted, the relevant crime does not occur.
The material element of this crime is 205 and 208. it consists in corrupting, destroying or hiding the documents specified in the articles, that is, making the document unusable for evidentiary purposes. Distorting, in the sense of the article, refers to the falsification of a manuscript in such a way that it can no longer be considered a document. The fact that the article is scribbled in such a way that it becomes unreadable is a concrete example of this issue.
To destroy a de facto document is to eliminate it from the point of view of its material existence. An example is tearing up a handwritten will.
The verb to hide, on the other hand, means to eliminate the material existence of the document without destroying it. This makes it impossible to use the document.
If the corrupted, destroyed or hidden document is completely under the protection of the perpetrator, the act cannot be considered illegal. In cases where the person has the obligation to present or return the document that he has, there is no such savings authority.
The consent of those who have to do with its preservation in terms of a private document eliminates the illegality of the act.
These organized crimes are completed as soon as the person who has the right to save on the document is deprived of the opportunity to save, that is, it is impossible to take advantage of the document. Therefore, it is possible to attempt this crime.
The spiritual element of these crimes is caste, and for the existence of caste, the will to destroy november document is sought, as well as the will to eliminate evidence, in addition to the will to distort, destroy or hide it. This latter circumstance is recognized in order to be able to distinguish the crimes mentioned in the article from the crime of damage to property. However, if the perpetrator acts solely for the purpose of harming something belonging to someone else, the corresponding crime does not occur, the crime of damaging property is formed.
In the presence of related offenses, the perpetrator may also not be held responsible for the offense of causing damage to someone else’s property. Such acts as destroying, destroying, corrupting, which give the crime its property, are 205 and 208. it is also mentioned in the crimes in the articles. In turn, if the destroyed or corrupted document was seized as a result of theft, the perpetrator must be held accountable for both crimes.
On the other hand, the Law has regulated the fact that the perpetrator is a public official in terms of the crime of distorting, destroying or concealing an official document as a reason that aggravates the punishment.
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