Didelės žalos darymas valstybei, tarptautinei viešajai organizacijai, juridiniam arba fiziniam asmeniui kaip piktnaudžiavimo sudėties požymis.
Abuse of Office is the main and the most characteristic legal norm of the XXXIII chapter, dedicated to criminal offences against public service and execution of public interests. According to the statistics of IT and Communications Department under supervision of Ministry of the Interior, made in year 2005, 64% of all registered criminal offences committed against public service and execution of public interests were abuse of office. Considering that major harm is the main attribute leading us to delimitate abuse of office as a criminal offence from other similar non-criminal offences, it is essential to understand the meaning of this attribute, especially when the attributes of abuse of office are not strictly defined nor in the Criminal Code nor in the practice of Lithuanian courts. So the article deals with the major harm to the state, international public organization, natural or legal person as an attribute of abuse of office according to the Article 228 of the Criminal Code of the Republic of Lithuania. Major harm as an attribute of abuse of power is described by subjects who sustain the harm, the varieties of harm and the magnitude of harm. The author defines the subjects who can sustain the harm – the state, international public organization, natural or legal person, criticizes the need of such a casuistic description of subjects who can suffer the harm made by the abuse of office and makes a suggestion of refinement of legal norm of abuse of office in the Criminal Code. In the article it is also discussed about the variety of major harm caused by the abuse of office. The author concludes that the harm caused by the abuse of office may occur as property harm, non-property harm and as physical harm. The magnitude of harm is an attribute that should be valuated by the law enforcement agencies and by the court in each case separately.
- Straipsniai / Articles