Abstract:
The concept of a criminal offence with its obligatory characteristics are, so to speak, the basis of the construction of criminal law, and the build-up will be those circumstances that help society to eradicate crime, through the use of criminal Punishment. It can be said that a criminal offence is the starting point of the entire legal system, that is, from the beginning of its definition to the appropriate decision, on the basis of either mitigating or aggravating circumstances and serving it punishment, which is provided for by the specific sanction of the Special Part of the Criminal Code of the Republic of Kazakhstan.
For the first time in the history of criminal law, the concept of a criminal offence has been enshrined. This novel is one of the main components of the large-scale reform of Kazakhstan’s criminal law, which resulted in the adoption of a new Criminal Code, which requires detailed study of the concept of criminal Offences. With the transition to a new model of criminal law, it is important to identify with the most precise and distinctive signs of criminal misconduct and crime, primarily in order to prevent errors in the law of application, misconceptions about these legal categories.
The article considers the separation of the crime from criminal misconduct, as well as criminal misconduct from administrative misconduct. Scientists’ views are analyzed on this problem. Examples are given from criminal codes from foreign countries. Problems related to the classification of criminal acts have always been of considerable interest to the legislator and law enforcement of any modern state. This issue has become particularly relevant for our country in connection with the introduction of the concept of «criminal misconduct».
