- Journal Issues
- № 2 2016 Procedural, criminalistic and organizational and legal problems of advocate activity
- Actual issues of participation advokat in criminal process: problems of theory and practice
- Representation of interests of juvenile victims in criminal proceedings
Representation of interests of juvenile victims in criminal proceedings
Review
The paper addresses the issues of the features ща representing the interests of juvenile victims in criminal proceedings. The authors focus on the fact that the victim plays a significant role in the pre-trial investigation and in court proceedings. Providing information by victims to entities engaged in investigation and pre-trial proceedings, and activities of the victim promoted to prove criminal offense.
The victim in criminal proceedings could be represented by representative – person in criminal proceedings that has the right to defense counsel. With regard to the representation of juvenile victims in criminal proceedings, according to Article 59 of Criminal Procedure Code of Ukraine, if the victim is a minor, to participate in the legal proceedings involved with it its legal representative.
A minor victim, although recognizes by the legislator as a special subject and endowed with additional rights (special procedure for questioning, the institute of representation, etc.), but they are insufficient for the best interests of the child in criminal proceedings. One of the guarantees of the best interests of juvenile participants in criminal proceedings, in this research of juvenile victims, is mandatory participation of professional representative – lawyer, which will provide qualified legal assistance and ensure adequate protection of the rights and interests of the participants.
Underage victims, given the rather complicated procedure of the trial are not able to fully understand all the difficulties and all the procedural changes that take place in the courtroom without giving them appropriate advice. The authors adduce several definitions aimed to prove the novelty of their research. Thus, it can be concluded that it is necessary if the legal mandatory must be the representation of victim under the age of eighteen, by representative, in particular by a person in criminal proceedings that has the right to be the defense counsel, lawyer.
Keywords: representation of interests, underage victims, trial, lawyer.