Превышение полномочий частным детективом или работником частной охранной организации, совершенное с использованием оружия или специальных средств и повлекшее тяжкие последствия: вопросы квалификации

Abstract

Based on scientific material and law enforcement practice, the issues of qualification of abuse of power by a private detective or an employee of a private security organization holding a private security guard certificate in the performance of their official duties, committed with the use of weapons or special means and resulting in grave consequences, are analyzed. It is stated that quite often in practice this crime has a group nature. Suggestions are made related to editing the existing provisions of Art. 203 of the Criminal Code of the Russian Federation, as well as the addition of new provisions. In particular, it is proposed to partially specify the content of the concept of grave consequences in relation to Part 2 of Art. 203 of the Criminal Code of the Russian Federation, and also further consolidate such a qualifying feature as the commission of this crime by a group of persons and an organized group, by formulating a new part 3 of Art. 203 of the Criminal Code of the Russian Federation.