Is the same duty breached in Crimes Involving Breach of Duty as in Special Crimes of Duty? The case of unfair or fraudulent administration

Abstract

This article analyses the structure of so-called crimes related to breaches of duty and special crimes of duty. It specifically aims to understand the foundation of duty that forms this structure. To achieve this, the research focuses on the various concepts of “positive duty” that underpin the classification of a crime as either a violation of duty or a special duty. The goal is to demonstrate the significance of establishing a duty as positive. We will also explore how attributing criminal responsibility in certain economic crimes, such as unfair or fraudulent administration, relies on this foundation.