- Journal Issues
- № 4 2016 Actual problems of criminal justice
- Tribune of young scientist
- Participation of underage witness in criminal proceedings
Participation of underage witness in criminal proceedings
Review
The paper studies the procedures of questioning juvenile witnesses in court proceedings. Author explores the issue of the participation of a legal representative during the questioning of juvenile witnesses in court proceedings. In contradistinction to defense counsel (lawyer), which provides legal assistance to a minor, the legal representative involved in criminal proceedings to provide in general psychological and emotional support. The paper considers features of the procedural status of a teacher, psychologist and doctor in criminal proceedings and procedure of their involvement in to the questioning of juvenile witnesses.
The choice of the person, which can be invited to participation in the proceedings have a great tactical importance. Requirements for those subjects can be divided into two groups, depending on the functional purpose of each person in proceedings, in particular on compulsory and optional. Author propose to provide mandatory participation of a representative in the criminal proceedings which may be the protector during the interrogation of a minor witness in the proceedings.
Introduction of juvenile witnesses’ attorney representation will facilitate the adaptation of the proceedings to the level of understanding of the child and ensure the best interests of the child, regardless of its procedural status in criminal proceedings.
Key words: trial, underage minors; the law representative; representation of interests.