Domashenko O. Classification of tactical errors in investigative activity.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001902

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

20-06-2018

Specialized Academic Board

Д 64.086.01

Essay

The thesis is devoted to the investigation and systematization of tactical errors in investigative activity. Modern scientific approaches in understanding the essence of tactical error are analyzed and a set of essential signs of “tactical error in investigative activity” is distinguished as a scientific category; the author’s definition of the concept of “tactical error in investigative activity”, which refers to the negative result of the investigator’s activity (distortion of truth, error, loss of objective information about the event of a crime, evidence) the possibility of occurrence of which is not realized beforehand is given; a classification of tactical errors is developed and practical recommendations to investigators (prosecutors, detectives) on their diagnosis, neutralization and prevention are offered. A comparative analysis is made and correlations of the concepts of tactical, law enforcement, legal, procedural, investigative and forensic errors are determined. The differences between a tactical error in the investigative activity and the result of the deliberate or careless violation by the investigator or unconscious violation of the law or non-observance of tactical recommendations by him are reasoned; the concepts of “tactical error in investigative activity and the concepts “gaps in the investigation”, “faults of the investigation” are distinguished. Wrong acts, actions, reasoning or inaction of the investigator are suggested to understand as the reasons for the tactical error in the investigation. Typical causes of tactical errors in the process of investigative (search) actions are analyzed and systematized. The differences between the tactical error in the investigative activity and the negative consequences that arise as a result of the tactical decision in the conditions of tactical risk are revealed and disclosed. The recommendations on the detection and prevention of tactical errors are formulated. Proposals to improve innovative criminalistics products by supplementing them with provisions on typical types of tactical errors in investigative activity, on their causes, and methods for their diagnosis, neutralization and prevention are made.

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