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Publication date: 27.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Interrogation of minors and minors in criminal proceedings does have specific requirements and rules that must be followed to ensure their rights and interests. In Ukraine, as in many other countries, the legislation provides for special procedures for questioning children and adolescents due to their age and psychological characteristics.
Key aspects to consider:
- Providing psychological comfort. Interrogation of a minor or a minor must be conducted in specially equipped rooms that ensure the child's psychological comfort. It is recommended to use methods that reduce the child's stress, such as conducting an interrogation in the presence of a psychologist or specialist.
- Issuance of the results of the interrogation. The results of the interrogation of minors and minors must be recorded in the protocol, while it is important that this protocol be written in understandable language and in accordance with the age characteristics of the person.
- Taking age characteristics into account. During the interrogation, the child's level of development and perception should be taken into account. Questions should be simple and clear, without double meaning and legal terms that can confuse.
- Ensuring the right to protection. Minors have the right to protect their rights during interrogation. This may include legal advice, confidentiality and other measures to protect their interests.
These features help ensure that the interrogation of a child or adolescent will be conducted in a way that minimizes the negative impact on their psychological state and provides an adequate level of legal protection.
Question
How is the age of the person being interrogated determined?
Answer
The investigator must check the documents that confirm the person's age. It can be a birth certificate, passport, or other official documents. If the documents are missing due to loss, theft or other reasons, the investigator must take steps to establish the age by other means. You can send inquiries to orphanages, maternity homes, educational institutions, or organizations that issued documents to get the necessary information. If other methods do not allow establishing a person's age, the law allows the appointment of a psychological-psychiatric or psychological examination.
These measures help ensure accuracy and fairness in the interrogation process, protecting the rights of minors and taking into account their age and psychological characteristics.
Interview participants:
In addition to the general requirements for conducting interrogations, the legislation provides for the participation of certain persons to ensure the adequacy of the process.
- Legal representatives. Legal representatives must be present at the interview to protect the child's interests and support him during the process. Their participation is mandatory in the case of minors (up to 14 years old) and is often recommended for minors (14-18 years old).
- Educator or psychologist. Can be involved to ensure that the questioning process takes place in an understandable and comfortable way, as well as to provide recommendations on methods of communication with the child. May be present to assess the child's psychological state, assist in creating a favorable environment for questioning, and provide recommendations on questioning approaches. A psychologist can also help in stressful situations and support the child during the process.
- Doctor. If necessary, especially if there are suspected injuries or other physical or mental conditions that may affect the child's ability to testify, a doctor may be involved for a medical examination and consultation.
- Defense attorney. A defense attorney ensures that the rights of a minor or juvenile suspect are not violated during interrogation. This includes the right to a lawyer, the right to be protected from unreasonable or violent interrogation methods, and the right to privacy.
These participants ensure that the interview is conducted in accordance with the best interests of the child, taking into account the child's psychological and physical condition. It is important that all these persons act in the interests of the child and adhere to ethical norms, providing the most favorable conditions for the interrogation.
Question
What are the time limits for interrogating a minor?
Answer
According to Part 2 of Article 226 of the Criminal Procedure Code of Ukraine (CPC), to ensure adequate and humane treatment of minors and minors during interrogations, special restrictions on the duration of interrogations have been established. Continuous questioning of a minor or minor may last no more than one hour. The total duration of interrogations during one day should not exceed two hours.
Restrictions are established for the purpose of:
- Protection of the child's psychological health. The psychological state of children is particularly vulnerable, and prolonged interrogations can negatively affect their emotional state. Limiting the duration helps reduce stress and tension, which can affect the quality of testimony and the child's overall well-being.
- Ensuring the effectiveness of interrogation. Shorter interrogation intervals help maintain the child's concentration and clarity during testimony, which increases the accuracy of the information received.
- Protection of the rights of the child. Limiting the duration of interrogation complies with international standards of children's rights and helps ensure their rights and protection in the criminal justice process.
Services of a lawyer during interrogation:
Legal advice during questioning, especially when dealing with minors or minors, is extremely important. The lawyer's help online provides legal support and protection of the rights of a suspect or a witness. Here's how review of documents by a lawyer and other services can help during an interview:
Lawyer's consultation before the interrogation: The lawyer explains to the client (including minors and their legal representatives) the rights and obligations during the interrogation, as well as procedural aspects. The lawyer helps to prepare for the interrogation, explaining what questions may be asked and how best to answer them, conducts a legal analysis of the situation.
Attending the interrogation: The lawyer monitors that the interrogation is conducted according to the law, without violating the rights of the suspect or the witness. It is important that the lawyer prevents possible abuse or undue influence on the suspect. If questions arise during the interrogation that may violate rights or are inadmissible, the lawyer can object and seek their elimination. A lawyer provides moral and legal support to a suspect or witness, helping to maintain calm and confidence.
Assessment of the circumstances and legal opinion of a lawyer: The lawyer can analyze the provided testimony and help in cases where there is a need for further correction or clarification, analysis of documents. The online lawyer assesses the consequences that may arise as a result of the testimony, and advises the client on further steps, prepares a legal opinion.
Preparation for trial: An lawyer online can help prepare evidence that proves the client is right or refutes misunderstandings that arose during the interrogation. The lawyer develops a defense strategy taking into account the results of the interrogation in order to represent the client's interests in court as efficiently as possible.
When interrogating minors or minors, special attention is paid to ensuring the child's psychological comfort and legal protection. The lawyer is a key participant in the interrogation process, providing legal support and protection of the client's rights, legal analysis, especially when it comes to minors, whose psychological state and legal protection require special attention.
