Origin of modern concept of service crimes in the 1922 Criminal Code

Abstract

The article is devoted to the history of drafting the chapter on crimes in office in the criminal code of 1922. The theoretical and legislative basis of the chapter and its relation to pre-1917 criminal legislation is analysed. The amendments of the chapter in 1922–1926 are also discussed. The author refers to the case law of that time and especially to case law positions relevant until today. The special attention is given to the development of the notion “public official” compared with pre-1917 legislation. The basis for creation of construct of organizational and economical functions is analysed. The author cites case law as to workplace of public official as necessary element in description of this subjective element of crime. The main conclusion of the article is that the code of 1922 created the basis of the contemporary approach to crimes in office. This approach is mainly characterized by discussion the line between public and private sectors, public and private official persons, criminal liability for crimes in office in public and private sectors.

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