Author

Stepanova N.A.

Title of article

Classification of errors made in criminal proceedings

Section

Section 1. Methodology of law enforcement activities

Issue, year

1 (35) 2016

Abstract

Procedural error is recognized as incorrect procedural action (omission) of the investigator, prosecutor, judge, which is manifested in incomplete study of the case, significant violation of the requirements of criminal procedure law, its wrong application and making wrong procedural decision. The procedural errors include any violation of law, shortcomings at any stage of the criminal procedure, as well as errors in the procedural activity itself, regardless of time of error detection. Classification of procedural errors allows us to understand and identify their features more thoroughly, thus increasing the efficiency of application of procedural rules aimed at their elimination. The classification of procedural errors based on the ability to identify them in the court of first instance is presented. According to this classification, the errors can be divided into detectable and those that can not be identified during proceedings before the court. The first group of errors includes legal, logical and methodological, cognitive, object-schematic errors. The errors that can not be identified by the court of first instance include a number of technical and technological and tactical errors made at the stage of preliminary investigation. Classification of other procedural errors is also considered. They may take place in the investigative and judicial practice during criminal proceedings, including failure to observe the constitutional rights and freedoms of man and citizen by investigators at the pre-trial stages of criminal process; errors detected during procedural (departmental) control. The correlation of such concepts as gaps, omissions, deficiencies, violations, delusions, deviations is analyzed.

Keywords

procedural errors; tactical errors; technical errors; qualifying errors; classification of procedural errors.

References