Errors that Occur During the Preliminary Investigation: the Essence, Nature and Types

• Authors: Kramarienko, Vladimir

Abstracts

EN

In this article the author analyzes the definition and the nature of investigative errors. Complexity of a preliminary criminal investigation demands quite a high level of professionalism and experience from the investigator and, on the other hand, may lead to both impair of the investigation efficiency as a whole and to the unfitness for court trial. The special scientific literature shows the historic development of different approaches to the definition of an investigative error most essential of which are scrutinized, and the importance of evolving a unified definition is recognized. Summarizing advantages and disadvantages of functioning definitions the author suggests one of his own basing it on the situational approach which he considers the most effective way to implement the theoretical knowledge about the investigative error as well as recommendation to avoid them into practice. The dynamic nature of investigative situations and the subjective and objective conditions are also taken into consideration as factors influencing the errors. A unified definition helps analyzing the existing types of errors and, as a result, suggesting the basis for a unified classification of them. The author used the historical and comparative analysis, situational approach and simulation as well as the structural approach while preparing the material.

Keywords

EN

criminal proceedings; investigation; investigative errors

• Publisher: Wyższa Szkoła Policji w Szczytnie
• Journal: Internal Security
• Year: 2011
• Volume: 3(1)
• Pages: 209-221

Contributors

author

Kramarienko, Vladimir