THE ABUSE OF POSITION AND AUTHORITY IN THE BANKING SECTOR THROUGH A CRIMINAL LEGAL CONSTRUCT

Abstract

It is almost unavoidable not to find cases of abuse of position and authority perpetrated by bank clerks in the banking sector. Through the research itself, different types of misuses will be elaborated in this paper, such as creating loan documentation with false documents and subsequently approving the monetary loan or credit until the moment of payment. In addition to the above mentioned, in this paper we will analyse the general parameters of the internal work directives of bank clerks and their effect, as well as the legal legislation which refers to the whole banking system in B&H, in regards to the mentioned segment of misuse. From that standpoint, it should be emphasized that for abuse of position to be the subject of a criminal investigation, in addition to other characteristics, the conduct of the perpetrator through the institution of intent (lat. dolus) as a subjective element of the commission of a criminal offense must also be determined.