THEORETICAL AND PRACTICAL ASPECTS OF THE QUALIFICATION OF CRIMINAL OFFENSES AND THE PREVENTION OF ERRORS IN ITS IMPLEMENTATION

Authors

  • Nur­lin A. Қ.Жұбанов атындағы Ақтобе өңірлік университеті
  • Bekbauova A. Актюбинский региональный университет им.К.Жубанова
  • Mursalova L. Қ.Жұбанов атындағы Ақтобе өңірлік университеті

DOI:

https://doi.org/10.63546/3005-2246.2026.15.3.030

Keywords:

criminal law, criminal procedure, criminal offense, qualification of criminal offenses, investigative error, compensation for damage, rehabilitation

Abstract

The article examines issues related to the proper classification of criminal offenses. The authors note that errors made in the qualification of acts can lead to significant violations of individual rights and legitimate interests, including unjustified criminal prosecution or, conversely, the evasion of responsibility by guilty parties. In the context of increasingly complex social relations and the emergence of new forms of criminal activity, the likeli-hood of classification errors is growing, which heightens the need for their theoretical understanding and practi-cal prevention. In this regard, the authors of their study examine ways to prevent investigative errors due to the misclassification of crimes. The study analyzes typical errors made by pre-trial investigation bodies and courts, revealing their causes, which include insufficient professional training, ambiguous judicial practice, and the in-fluence of subjective factors. The authors propose focusing on the development of effective mechanisms for preventing investigative errors, including the expansion of guarantees for the rights and freedoms of participants in criminal proceedings, as well as improving the quality of justice and strengthening the principles of legality and fairness. The main theoretical methods employed in the article are analysis and generalization. In particu-lar, the authors utilize the analysis of legal statistics within the framework of a comparative method. The au-thors conclude that improving the prevention of errors in the classification of criminal offenses requires a com-prehensive approach. This approach should include eliminating gaps and inconsistencies in the provisions of the Special Part of criminal law, clearly distinguishing between related offenses, and enhancing as well as updating the interpretative guidance provided by higher judicial authorities. Particular importance is attached to the digi-talization of law enforcement, including the use of electronic databases of judicial practice and artificial intelli-gence technologies to improve the accuracy of legal classification and reduce the number of investigative and judicial errors.

Author Biographies

  • Nur­lin A., Қ.Жұбанов атындағы Ақтобе өңірлік университеті

    кафедра юриспруденции

  • Bekbauova A., Актюбинский региональный университет им.К.Жубанова

    Кафедра юриспруденции

  • Mursalova L., Қ.Жұбанов атындағы Ақтобе өңірлік университеті

    Кафедра юриспруденции

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Published

2026-10-02

Issue

Section

Criminal law and criminal process
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