Procedural and tactical errors in presenting evidence for identification: theoretical issues and solutions

Abstract

The article presents a comprehensive analysis of procedural and tactical mistakes made by investigators and inquirers during the production of such an identification investigative action as a lineup. Based on a study of scientific works by Russian authors and analysis of investigative practice, two key groups of problems are examined: mistakes associated with violation of the procedural form of identification, and tactical mistakes due to a misunderstanding of the psychological foundations of identification by mental image. Special attention is paid to the problem of forming a biased attitude of the identifier towards the identifiable person, as well as to the issues of selecting extras and ensuring the safety of participants. A significant part of the work is devoted to debatable issues of expanding the types of identification, in particular identification by voice and gait, which currently do not have clear legislative consolidation. The article concludes that it is necessary to improve criminal procedure legislation in terms of consolidating new types of identification and clarifying the procedure for its production, as well as the importance of improving the professional training of investigators in tactical and psychological aspects.