Judicial Errors in Judgments and a Mechanism of Their Correction in Criminal Proceedings

The problem of a judicial error has theoretical and practical significance. Its prevention, identification and correction in a timely manner have an influence on the realization of the human right to judicial protection. The need for this requires resolving issues, which relates to the effective remedy of violated human rights and freedoms through the mechanism of judicial review. The judicial error reduces effectiveness of justice as the most adequate form of the legal conflict resolution in the society. The judicial error represents an unfair result of criminal proceedings, when the legal consequences of judgments were incorrectly identified for people. This result does not reach the goals of justice and distorts its meaning. The goal of the research is to consider the essence of judicial errors and a mechanism of their correction in criminal proceedings. The author examined characteristics of judicial error and its features in criminal proceedings, gave an analysis of a conviction of innocent persons and an acquittal of guilty persons. Also the author examined the nature of judicial errors as a ground for a review of judgments, described main features of the emergence of a right to appeal in foreign countries and the forms of review of judgments, that they has. The forms of the Russian review of judgments were considered too. The research is based on legislation of Russian Federation, judicial practice and statistics, scientific approaches and doctrine in this sphere. In the result, legal regulation of procedural mechanism of prevention and correction judicial errors were studied.