205 Of TCK. in the article “On a real official document”, 208. in the article, the acts of distorting, destroying or hiding a ”real private document” are punished.
An existing evidence is eliminated by destroying, destroying or hiding an official or private document, and it includes a state of deprivation of a means that proves public confidence.
The material subject of the relevant offense is official or special documents. On the other hand, these documents must be legally valid and real documents, so that the corruption, destruction or concealment of a fake document does not constitute these crimes. In this case, only if it creates the conditions 281. it is possible that the crime in the article occurred. In the same way, if the modified part of an actual document is corrupted, the corresponding crime does not occur.
The material element of this crime is 205 and 208. it consists in destroying, 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 an article in such a way that it can no longer be considered a document. The case of scribbling the article so that it becomes unreadable is a concrete example of this issue.
To destroy is to eliminate an actual document in terms of its material existence. An example of this is tearing up a handwritten will.
If concealment is de facto, it means eliminating 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. If the person has an obligation to present or return the document that he has, there is no such saving authority.
The consent of those who have anything to do with its preservation in terms of a special document eliminates the illegality of the act.
These crimes are completed when the person who has the right to save on the document is deprived of the opportunity to save, that is, it is not possible to use the document. Therefore, it is possible to attempt this crime.
The spiritual element of these crimes is caste, and for the existence of caste, november will to destroy, destroy or hide the document, as well as the will to eliminate evidence, is also sought. This second case is accepted in order to distinguish the crimes mentioned in the article from the crime of damage to property. However, if the perpetrator acts only to damage something belonging to someone else, the relevant crime does not occur, the crime of property damage occurs.
In the event of the existence of related offenses, the perpetrator may also not be held responsible for the crime of damaging someone else’s property. Verbs 205 and 208, such as destruction, destruction, disruption, which give the crime its property. 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 responsible for both crimes.
On the other hand, the Law regulates the fact that the perpetrator is a public official for the crime of violating, destroying or concealing an official document as a reason that aggravates the punishment.
