Yurij Petrovich Garmaev, Kuban State Agrarian University, Russian Federation
Correspondence: 670014, Россия, г. Улан-Удэ, ул. Лесная, 10. E-mail: garmaeﬀ@yandex.ru
Albina Alexandrovna Kirillova, Supreme Court of the Republic of Buryatia, Russian Federation
Vladimir Petrovich Kramarenko, Immanuel Kant Baltic Federal University in Kaliningrad, Russian Federation
Problems of definition and scope of error in criminal proceedings have long been researched by criminalistics and criminal procedure scientists. Many judges and public prosecutors in their practice have found themselves in a situation where during the trial of criminal cases investigation errors and even violations of the law that were committed in the course of the preliminary investigation were revealed. Often such errors and violations entail a number of adverse consequences for the fate of the persons involved in the criminal prosecution up to impossibility of having the criminal case tried on the merits and taking a fair decision on it. The article discusses the various scientific approaches to the concept of investigative errors and analyzes their impact on legal criminal proceedings in the trial stage. The authors propose a six-step methodological scheme of creation and development criminalistic recommendations aimed at resolving situations related to detected errors and violations of the law in the procedure of trial in criminal cases, not only on the murders but other crimes. According to the authors, such a scheme is quite versatile also for the development of other types of full-structure criminalistic techniques. The authors believe that the proposed methodological scheme for creation and presentation of recommendations related to errors and violations of the law in the procedure of investigation and / or trial of criminal cases of murder could become one of appropriate tools to form any criminalistic technique.