Exceeding Authority or Official Powers
Exceeding Authority or Official Powers
in Soviet criminal law, an official crime involving deliberate commission by an official, including a public officer, of actions that clearly go beyond the rights and powers granted to the official by law if such actions caused substantial harm to state or public interests or to legally protected rights and interests of citizens. Exceeding authority or official powers usually takes the form of the guilty person committing acts that are within the competence of a higher ranking official or an official of another department or acts that are lawful only under certain conditions that are not present in the particular case—for example, if a public officer uses a firearm when the specific situation does not call for it.
In cases of exceeding authority or official powers, the Criminal Code of the RSFSR provides for deprivation of freedom for a period of up to three years, correctional labor for a period of up to one year, or dismissal from office. If there are aggravating circumstances, the crime may be punished by deprivation of freedom for a period of up to ten years.