P.M. Malanchuk1 , O. V. Maslak 1,
Affiliations 1 Sumy State University, 2, Rymskogo-Korsakova st., 40007 Sumy,Ukraine
Issue Issue 6, Year 2017
Citation Malanchuk P.M., Maslak O. V. About the Concept of Investigative Mistakes and the Causes for Their Occurrence, 6, 64-68 (2017)
DOI 10.21272/legalhorizons.2017.i6.p64.
Keywords mistake, investigatory mistake, investigator, classification of causes of the investigatory mistakes, criminal proceedings.
Annotation The article is devoted to the investigation of the problem of mistakes of investigators, as officials who are authorized to carry out criminal-procedural activities. The article analyzes the etymological and semantic understanding of the concept of “mistake”, on the basis of which its general understanding is formulated. It is established that the basis of a false perception of reality is not only the complexity of the process of learning the object of study, but also the level of mental and intellectual development of the “researcher”. The authors note that mistakes are a phenomenon that inherent in any kind of activity, including the activities of investigators. In the article, on the basis of a comprehensive legal analysis of the opinions of scientists, highlighted in the writings, articles and monographs on the forensic investigation of the phenomenon of investigative mistakes found its main distinguishing features. Attention is drawn to the fact that the integrity of the commission of an investigative mistake is a factor which makes it possible to distinguish it from official misconduct and a crime against justice. Taking into account the set of distinguished essential properties of the investigatory mistakes, the definition of this concept is proposed. Relying on the general interpretation of the notion of “causality”, the concept of “the causes of the investigatory mistakes” is disclosed as a combination of circumstances on the basis of which there are the investigatory mistakes and which contribute to their further preservation. It is revealed that there is no single classification of causes of the investigatory mistakes in the researchers of this phenomenon. Examples of single classification of causes of the investigatory mistakes for the most important criteria of division are given. The focus is on the fact that, when you are differentiating the causes of the investigatory mistakes, you should take into account the fact that every day the dynamism of law enforcement practice generates more and more new causes of the investigatory mistakes, each of which can have a different manifestation in one or another case. The authors believe that it is the most appropriate to divide causes causes of the investigatory mistakes according to the essential characteristic those that serve the cause of committing mistakes of this type and the reasons for their conservation. The research provides the basis for developing effective recommendations for the elimination and prevention of the investigatory mistakes.