Publication date: 10.06.2024
Peculiarities of criminal proceedings against minors
Criminal proceedings against minors in Ukraine have a special procedure defined by legislation. Legislation requires that such proceedings be conducted by a specially authorized investigator. This presupposes that criminal proceedings against minors must be conducted taking into account their age and psychological characteristics, which, in turn, obliges the minor's defender to take these characteristics into account and use the possibilities of the special order of criminal proceedings for the best protection of the minor's rights.
Circumstances to be established in criminal proceedings against minors
According to Article 485 of the Criminal Procedure Code of Ukraine (CPC), circumstances that go beyond the general rules are investigated in criminal proceedings against minors. In particular, it is necessary to establish:
1. Age, state of health and level of development of the minor.
2. Socio-psychological features of a minor.
3. Attitude of the minor towards the committed act.
4. Conditions of life and upbringing of a minor.
5. Presence of adult instigators or accomplices.
Peculiarities of the application of preventive measures to minors
According to Article 492 of the Criminal Code, preventive measures may be applied to a minor suspect or accused, taking into account his age and psychological characteristics. Detention and detention are possible only in the case of serious or particularly serious crimes and only on the condition that another preventive measure will not ensure the prevention of the risks provided for in Article 177 of the Criminal Code.
Transfer of a minor suspect or accused to supervision
Article 493 of the Criminal Procedure Code provides for a special preventive measure - placing a minor under supervision. This can be transfer under the supervision of parents, guardians, custodians or the administration of a children's institution. The transfer is carried out with their consent and the consent of the minor himself. The transfer procedure provides for a written commitment to ensure the proper behavior of the minor and his arrival before the investigative bodies or the court.
Placement of minors in a receiver-distributor
The Criminal Procedure Code of Ukraine provides for the possibility of placing a minor suspect or accused in a receiver-distributor. This measure is used in exceptional cases, when other precautionary measures cannot ensure the proper behavior of the minor and prevention of risks provided for by law.
Age of persons to whom placement in a receiver-distributor may apply
Placement in a receiver-distributor can be applied to children aged eleven years and up to the age of criminal liability.
Categories of crimes
Placement of a minor suspect or accused in a receiver-distributor for children can be applied if he is suspected of committing a socially dangerous act that falls under the characteristics of a crime for which the Criminal Code of Ukraine provides for a punishment in the form of imprisonment for a term of more than five years.
Term of placement
The term of detention of a person in the reception-distributor for children cannot exceed thirty days.This period can be extended by a decision of the investigating judge or court for a period of up to thirty days.
Criminal offences, in respect of which it is possible to apply coercive measures of an educational nature
According to the Criminal Procedure Code, coercive measures of an educational nature can be applied in cases where the prosecutor believes that a minor who is accused of committing a first-time criminal misdemeanor or careless minor crime can correct himself without the application of criminal punishment. Coercive measures of an educational nature are aimed at correcting the behavior of a minor and preventing repeated offenses.
Conclusion
Ukrainian criminal procedural legislation takes into account the international legal heritage regarding the investigation of criminal cases against minors, providing special procedures and measures that correspond to their age and psychological characteristics. This contributes to the effective protection of the rights of minors in criminal proceedings and their subsequent correction and resocialization.
Legal service "Consultant" offers high-quality services of a defense attorney in criminal cases involving minors. We understand how important it is to protect the rights and interests of children in complex legal situations. Our specialists have extensive experience working with minors and are ready to provide comprehensive support at all stages of criminal proceedings.
Our services include:
- Consultation of a lawyer: Initial and subsequent consultations that will help you understand the essence of the legal situation and possible ways of solving it.
- Document analysis: Careful review of documents by a lawyer to identify important details that may affect the course of the case.
- Legal analysis of the situation: Comprehensive legal analysis of your situation in order to develop an effective defense strategy.
- Written advice: Provision of detailed written advice to help you navigate legal issues.
- Legal opinion: Preparation of legal opinions regarding the legality of actions and decisions related to your case.
- Verification of documents by a lawyer: Verification and preparation of all necessary documents that will ensure proper protection of your rights.
- Lawyer's help online: Opportunity to get lawyer's help at a convenient time for you through our lawyer online service.
- Legal opinion of a lawyer: Professional analysis of your case with detailed recommendations on further actions.
Best regards,
Legal service "Consultant"
