Mistakes and quasi mistakes in applying the criminal law: causes and consequences
Objective: to identify the causes of mistakes and quasi-mistakes in applying criminal law; to establish consequences of un- substantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes; to elaborate proposals aimed a...
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| Format: | Article |
| Language: | English |
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Tatar Educational Center “Taglimat” Ltd.
2019-09-01
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| Series: | Russian Journal of Economics and Law |
| Subjects: | |
| Online Access: | https://www.rusjel.ru/jour/article/view/100 |
| _version_ | 1797255903841353728 |
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| author | V. V. Sverchkov |
| author_facet | V. V. Sverchkov |
| author_sort | V. V. Sverchkov |
| collection | DOAJ |
| description | Objective: to identify the causes of mistakes and quasi-mistakes in applying criminal law; to establish consequences of un- substantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes; to elaborate proposals aimed at preventing these mistakes and quasi-mistakes.Methods: analytical, dialectical, dogmatic, documentary, logical, practical, and systematic.Results: the concepts of “mistake in applying criminal law” and “quasi-mistake in applying criminal law” are defined; the causes of the mentioned mistakes and quasi-mistakes are identified; the most harmful consequences are identified, which are related to unsubstantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes at law-enforcement and managerial levels of implementing the criminal legal policy of the state; the proposals are formulated to enshrine in the legislation the duty of the law enforcement officer to be responsible for a mistake or quasi-mistake in decision-making and for the negative consequences that have arisen, as well as the proposal to exclude such a duty due to objective circumstances.Scientific novelty: the article for the first time a) defines the concept of “a mistake in applying criminal law” as a neglect in the investigative and judicial practice, inaccuracy, distortion, flaw when classifying a deed under the criminal law, as well as when using the criminal legal measures. Also, b) the author gives the definition of “a quasi-mistake in applying criminal law” as a deliberate making of an illegal, unsubstantiated decision. The reasons of the mentioned mistakes or quasi-mistakes are identified: a) complexity of the specific situations that must be overcome by applying the criminal law; b) low professional level of law enforcers; c) negligence in carrying out the investigation/judicial proceedings due to personal qualities, disruption of work, excessive workload; d) impact on decision making of conjuncture circumstances, opinions/orders of the law-enforcement body’s authority, other officials or other persons. The most harmful consequences of unsubstantiated illegal law-enforcement decisions made by law-enforcers due to mistakes and quasi-mistakes are identified: a) devaluation of the criminal law; b) degradation of the investigative and judicial system; c) the loss of people’s faith in the validity of the state authorities’ decisions, decency of the authorities, and justice.Practical significance: the main provisions and conclusions should be used to improve the investigative and judicial activities at law-enforcement and managerial levels when implementing the criminal law policy of the state. |
| first_indexed | 2024-03-08T23:15:01Z |
| format | Article |
| id | doaj.art-ffed704e86884a54abeeb40d3956e1c4 |
| institution | Directory Open Access Journal |
| issn | 2782-2923 |
| language | English |
| last_indexed | 2024-04-24T22:13:15Z |
| publishDate | 2019-09-01 |
| publisher | Tatar Educational Center “Taglimat” Ltd. |
| record_format | Article |
| series | Russian Journal of Economics and Law |
| spelling | doaj.art-ffed704e86884a54abeeb40d3956e1c42024-03-20T08:16:51ZengTatar Educational Center “Taglimat” Ltd.Russian Journal of Economics and Law2782-29232019-09-011331404141110.21202/1993-047X.13.2019.3.1404-141199Mistakes and quasi mistakes in applying the criminal law: causes and consequencesV. V. Sverchkov0Nizhniy Novgorod Academy of the Russian Ministry of Internal AffairsObjective: to identify the causes of mistakes and quasi-mistakes in applying criminal law; to establish consequences of un- substantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes; to elaborate proposals aimed at preventing these mistakes and quasi-mistakes.Methods: analytical, dialectical, dogmatic, documentary, logical, practical, and systematic.Results: the concepts of “mistake in applying criminal law” and “quasi-mistake in applying criminal law” are defined; the causes of the mentioned mistakes and quasi-mistakes are identified; the most harmful consequences are identified, which are related to unsubstantiated illegal law-enforcement decisions made by interrogators, investigators, prosecutors, and judges due to mistakes and quasi-mistakes at law-enforcement and managerial levels of implementing the criminal legal policy of the state; the proposals are formulated to enshrine in the legislation the duty of the law enforcement officer to be responsible for a mistake or quasi-mistake in decision-making and for the negative consequences that have arisen, as well as the proposal to exclude such a duty due to objective circumstances.Scientific novelty: the article for the first time a) defines the concept of “a mistake in applying criminal law” as a neglect in the investigative and judicial practice, inaccuracy, distortion, flaw when classifying a deed under the criminal law, as well as when using the criminal legal measures. Also, b) the author gives the definition of “a quasi-mistake in applying criminal law” as a deliberate making of an illegal, unsubstantiated decision. The reasons of the mentioned mistakes or quasi-mistakes are identified: a) complexity of the specific situations that must be overcome by applying the criminal law; b) low professional level of law enforcers; c) negligence in carrying out the investigation/judicial proceedings due to personal qualities, disruption of work, excessive workload; d) impact on decision making of conjuncture circumstances, opinions/orders of the law-enforcement body’s authority, other officials or other persons. The most harmful consequences of unsubstantiated illegal law-enforcement decisions made by law-enforcers due to mistakes and quasi-mistakes are identified: a) devaluation of the criminal law; b) degradation of the investigative and judicial system; c) the loss of people’s faith in the validity of the state authorities’ decisions, decency of the authorities, and justice.Practical significance: the main provisions and conclusions should be used to improve the investigative and judicial activities at law-enforcement and managerial levels when implementing the criminal law policy of the state.https://www.rusjel.ru/jour/article/view/100уголовное право и криминологияуголовный законошибкаквазиошибкапричинапоследствиеправоприменительуголовное дело |
| spellingShingle | V. V. Sverchkov Mistakes and quasi mistakes in applying the criminal law: causes and consequences Russian Journal of Economics and Law уголовное право и криминология уголовный закон ошибка квазиошибка причина последствие правоприменитель уголовное дело |
| title | Mistakes and quasi mistakes in applying the criminal law: causes and consequences |
| title_full | Mistakes and quasi mistakes in applying the criminal law: causes and consequences |
| title_fullStr | Mistakes and quasi mistakes in applying the criminal law: causes and consequences |
| title_full_unstemmed | Mistakes and quasi mistakes in applying the criminal law: causes and consequences |
| title_short | Mistakes and quasi mistakes in applying the criminal law: causes and consequences |
| title_sort | mistakes and quasi mistakes in applying the criminal law causes and consequences |
| topic | уголовное право и криминология уголовный закон ошибка квазиошибка причина последствие правоприменитель уголовное дело |
| url | https://www.rusjel.ru/jour/article/view/100 |
| work_keys_str_mv | AT vvsverchkov mistakesandquasimistakesinapplyingthecriminallawcausesandconsequences |