Abstract
The problems arising in the qualification of privileged types of harm to health, including such problems as erroneous qualification and qualification "with reserve", which are not rare at the stage of production of preliminary investigation and trial, according to the author, are currently one of the actual criminal law problems. On the basis of generalization and analysis of the available points of view in the science of criminal law on the topic of overqualification, statistical data, as well as the conducted empirical research, the author identified the main causes of these problems, which in addition to insufficient legislative regulation in the field of qualification of crimes with privileged composition, can be attributed to some circumstances of an organizational nature. The author pays special attention to the consideration of mistakes made by pretrial investigators and interrogators in qualifying crimes with privileged composition.
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