Classification of investigative (procedural) errors committed by an investigator in criminal cases to be considered by a court with the participation of jurors and their legal characteristics
Keywords:
investigative errors, classification of investigative errors, trial by jury, criminal procedureAbstract
An investigative error is defined as an incorrect understanding and assessment of the investigative situation by the investigator, which entails making an incorrect procedural decision or performing a procedural action. An investigative error is characterized by a bona fide and unintentional misconception of the investigator, clothed in a procedural form, which leads to erroneous actions and failure to achieve the desired result. Investigative errors in criminal cases subject to consideration by jurors are classified into the following types: 1) strategic errors that give rise to tactical and procedural errors, such as: errors in proof that lead to incompleteness, one-sidedness and bias of the preliminary investigation; 2) errors of a procedural and legal nature, implying making incorrect procedural decisions and performing procedural actions; 3) errors of a criminal-legal nature, implying incorrect application of the rules of substantive law; 4) errors in the organization and tactics of the investigation; 5) forensic errors (organizational and tactical and forensic). Investigative (procedural) errors are caused by objective and subjective factors.