Virheet ja niiden välttäminen rikosoikeudellisessa ratkaisuharkinnassa
Keywords:
rikosoikeus, rikosprosessi, tietoteoria, normatiivinen virhe, empiirinen virheAbstract
Errors and avoiding them in criminal law cases
The article analyses the meaning of error in criminal law and the normative issues related to the minimisation of errors. The research question is: to what does an error in criminal law refer and how has the legal system aimed at minimising errors? The analysis focuses on the substantive errors made by courts in the consideration related to criminal law. The errors can be either normative or empirical in nature. Procedural errors have not been included.
The article includes features from criminal law, criminal procedural law and philosophy. Methodologically, the study utilises the research methods from both law and analytical philosophy.
The study demonstrates that the meaning of error in criminal law is like a kaleidoscope, which makes it more difficult to discuss errors and their minimisation. Discussion on criminal law errors and avoiding them is, however, important, because it makes people consider the justifiability and legitimacy of sentences in criminal law. The problematisation of the meaning of error also leads one to ask whether the criminal system and the criminal procedural system should be developed in terms of the conception of error and in terms of the normative issues related to the minimisation of errors.
