THE APPLICATION OF CRIMINAL LAW IN THE DIGITAL SPACE. PROBLEMS OF DETERMINING THE PLACE OF A CRIME

Yerlan Nurmukhametovich Badenbayev, Kairat Oralkanovich Alembayev

2026

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DOI 10.52026/2788-5291_2026_81_224
Data confidence 70 medium
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Abstract

Digital technologies became integral to all aspects of modern life, including communication, financial transactions, social interaction, and commerce. The recent COVID-19 pandemic, in addition to its negative effects, has facilitated the deeper implementation of digital technologies and accelerated these processes. Criminal activity has increasingly shifted into the digital sphere, with offenders leveraging advanced technologies and artificial intelligence to develop new methods of committing crimes. These trends become especially dangerous in light of the cross-border nature of modern digital technologies and the development of artificial intelligence. The digital space does not recognize state borders, so determining the location of the crime in such cases creates difficulties. The concept of crime scene is ambiguous in current criminal legislation, which leads to disputes, especially in cases involving cybercrime and offenses committed through information and telecommunication technology. This paper looks at the idea of digital space from the standpoint of criminal law, explores various interpretations of the location of crime, emphasizes the unique features of crimes committed online, and describes the main types of crimes in the digital space. In study, gaps in the current legislation that negatively affect the crime situation and the state of law in the country were identified, solutions were developed, and proposals were made to overcome the identified challenges, incl. for the future. The authors concluded that the site of conduct of a crime should be defined as the point of entry into a sovereign digital environment, regardless of where the detrimental repercussions occur. The relevant statistics are provided.