TYPICAL QUALIFICATION INVESTIGATIVE ERRORS ACCOUNTED FOR IN THE DEVELOPMENT OF CRIMINALISTIC METHODOLOGY OF SUPPORTING THE STATE PROSECUTION IN THE COURT OF FIRST INSTANCE IN CASES OF MISAPPROPRIATION OR EMBEZZLEMENT BY ABUSE OF OFFICIAL POSITION

Ilyin Fyodor Ilyich

Qualification investigative errors are a significant reason for reducing the effectiveness of the state prosecution in cases of misappropriation or embezzlement. Excessive imputation of such a qualifying feature stipulated in part 3 of article 160 of the Criminal Code of the Russian Federation as the use of one's official position, which characterises a serious act, leads to judicial errors, because it complicates or excludes the possibility of exempting the defendant for minor criminal acts from criminal punishment, criminal liability, termination of the criminal case, refusal to recognise the act as a crime, imposition of a judicial fine. A criminalistic resource that allows to increase the effectiveness of the activity of public prosecutors is the usage by them of a private methodology of supporting the public prosecution in the court of first instance in criminal cases of theft in the form of misappropriation or embezzlement by abuse the use of official position. The application of a special procedural procedure provided for by Chapter 40 of the Code of Сriminal Procedure of the Russian Federation should not lead to a decrease in the standards of justice, in this regard, there are increased requirements to the cognitive and analytical activity of the state prosecutor in the study of the materials of the criminal case, identification and correction of qualifying investigative errors.

Keywords:investigative errors, private criminalistic methodology of supporting the state prosecution, embezzlement, official position