Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security
Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security

Summary/Abstract: The present research is limited only to the crimes under Article 282, paragraph 1, sentence one and two of the Criminal Code - violation or failure to fulfill official duties. The perpetrator can only be an official who belongs to the system and structure of the bodies of power and management in the state apparatus. This person must directly and absolutely meaningfully aim to benefit himself or others, violating imperative legal requirements required by the functions of his position. Executive acts - violation and inaction - related to official duties, must be understood as both divisible and indivisible, and both at the same time. There is a legal paradox that arises from the complexity and phenomenality of reality itself. That is, it is possible to have a breach of duty, also an omission of duty, as well as a breach and omission of duty at the same time. A special case of violation of official duties and failure to fulfill official duties is the case when the perpetrator is a judge. In this way, confidence in the judiciary is violated, legal certainty is ruined, and national security in general is subsequently torpedoed.

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