Qualification of Embezzlement Involving Bribery

Abstract

The paper analyzes the qualification procedure for obtaining illegal property benefits by officials through the use of their powers or office. Performing administrative and economic functions in relation to the entrusted property, the perpetrators pay for work that has not been completed or has not been completed in full, for undelivered goods, unproven services, or they steal funds and property of organizations. The author focuses on cases when the listed crimes are committed in conjunction with a bribe. The paper explores contradictory court practice of considering cases of embezzlement and bribery committed by officials. The author determines the rules for qualifying «official embezzlement» involving bribery, clarifies complex issues of interrelationship between embezzlement and appropriation of other people’s property, and explains the distinction between the crime provided for in Article 160 of the Criminal Code of the Russian Federation and fraud. In particular, the author justifies the possibility of receiving a bribe by an official at the expense of a part of the property stolen by him earlier, and explains the absence of signs of bribery in cases when the person to whom the embezzled funds were transferred was not interested in the embezzlement committed by the official. Actual examples from judicial practice show that a bribe can be received not for any embezzlement committed by an official misusing his office, but only if it would be implemented in abuse of administrative and economic powers. The paper argues the author’s opinion regarding the possibility of an official receiving a bribe for complicity in fraud.