Features of criminal misdemeanor and crime

Abstract

The article examines the main, new institution of the general part of criminal law - a criminal offense, its signs and types in accordance with  the current criminal legislation and a comparative analysis of foreign judicial and investigative practice. In particular, the issue of distinguishing criminal offenses, representing the greatest complexity in judicial and investigative practice, from crimes and administrative offenses is investigated.  Attempts are being made to form a new definition of the concept of a criminal offense. In addition, recommendations are made regarding the legislative consolidation of the definition of a criminal offense. The purpose of the study is to analyze the features of criminal misconduct in accordance with modern criminal legislation and using foreign judicial practice.

The idea of the study: the national model of criminal legislation should be close to the European one, but not be a copy of it.

Scientific significance of the work: the formation of scientific prerequisites for the legal adaptation of the Kazakh model of criminal law to the European one. 

Practical significance: development of proposals for amendments and additions to the current Criminal Code of the Republic of Kazakhstan.

Research methodology: logical and legal analysis of legal norms, comparative studies, a set of methods of dialectical approach to the processes of transformation of a legal phenomenon into legal phenomena.

The value of the research: filling in some gaps in the methodology of research of problems in the field of criminal law.

Keywords: criminal law, criminal offense, crime, criminal offense, public danger, illegality, guilt, punishability, criminal liability.