In practice, it sometimes happens that a witness or injured person in a criminal case passes a person who is not yet 18 years old. For this reason, all investigative actions with adolescents should be carried out only in the presence of a psychologist and a teacher. This is especially true in cases where a child who is a witness or injured in the case is under the age of sixteen. In addition, his legal representative has the right to be present at the procedural conversation, as well as other investigative measures. The time during which these actions are carried out in which the teenager is involved is also limited by law. This will be written in more detail in this article.
What you need to know
In the event that a minor witness and a victim who is not sixteen years old participate in the investigative measures, then a teacher or psychologist must also be present. This is stated in the law in Art. 191 Code of Criminal Procedure.
It should also be noted that a sixteen-year-old teenager who is lagging behind in development should be invited to an investigation only with a teacher. However, in practice this is extremely rare. Because the norm of Art. 191 of the Code of Criminal Procedure of the Russian Federation states that at the time of investigative measures with a minor who has reached the specified age, the teacher is invited only at the discretion of the law enforcement officer himself.
Time
It is definitely limited by law. After all, underage witnesses and victims get tired much faster than adults. Moreover, they should not be subjected to prolonged psychological impact by the investigator.
Therefore, the time period for carrying out procedural measures with the participation of minors is strictly defined by Art. 191 Code of Criminal Procedure, namely:
- Investigative actions with a child who is not seven years old cannot be carried out for more than 30 minutes; if with a break, then more than an hour.
- Procedural interviews, identification, verification of testimonies with a witness, a victim who has not reached the age of 14 should be carried out within 60 minutes, the maximum time for carrying out these actions is two hours.
- Investigative measures with a teenager over fourteen years of age can be carried out for two, maximum four hours (if a break was taken for rest and eating).
In addition, it should be noted that when carrying out these actions with the participation of a witness and a victim who is under 18 years old, his representative is entitled to be present (a person who is considered such by law).
Not warned
In the event that a teenager who is not sixteen years old is considered to be a witness or a victim in the case, the latter will not be legally responsible for reporting false information to the investigation. Therefore, he is not warned of liability under article 307 of the Code of Crime.
However, a law enforcement officer tells the teenager that they need only tell the truth. This is written in Art. 191 Code of Criminal Procedure. After all, false information can harm an innocent person who did not commit atrocities.
Right not to allow
In practice, various situations occur, therefore, even the legal representative of the child participating in the investigative measure may not always be present at the procedural conversation. This may be due to the fact that being interrogated by this person is contrary to the interests of a small citizen. A teenager will not be able to concentrate well or tell the actual circumstances of the crime. In addition, it very often happens that during a procedural conversation with a law enforcement officer, the child reports that his legal representative intimidates him or commits other illegal actions against him.
In such a situation, the investigator must invite another adult person who is a relative, guardian, trustee of a minor victim or witness for interrogation. This rule is fixed in Art. 191 Code of Criminal Procedure in the new edition.
rules
Before starting a procedural conversation with a minor, a law enforcement officer clarifies his rights. In addition, the investigator must find out if the minor speaks the state language, does he need the help of an interpreter. It is also necessary to remember that a survey of a teenager who is not 16 years old is carried out only in the presence of a teacher or psychologist. This is written in Part 1 of Art. 191 Code of Criminal Procedure.
In addition, one of his parents, a guardian, a trustee, has the right to be in a procedural conversation with a witness or a victim who has not reached the age of majority.
The law enforcement officer himself chooses the tactics of conducting a procedural conversation with a teenager. But the investigator should not exert psychological pressure on the minor, as well as ask him suggestive questions.
Where is held
As a rule, a procedural conversation is carried out in law enforcement agencies. Nevertheless, if necessary, the investigator can conduct a survey in the place where the minor witness or victim is located. A teenager is summoned for a procedural conversation using a summons, which is awarded to the latter personally only if he is 16 years old. Otherwise, the minor witness, as well as the victim, are invited to the survey through people who are their representatives by law, or through the administration at the place of educational or official activity.
A procedural conversation with adult citizens cannot continue without a break for more than four hours. The interrogation of a teenager who is already sixteen years old, may also not exceed a total of the specified period of time. These rules are enshrined in Art. 187, 191 Code of Criminal Procedure.
Decor
During the procedural conversation, the investigator draws up a protocol in which all the evidence given by the interrogated person is recorded. After the survey ends, a law enforcement officer submits a document for review to the person who answered his questions.
After the minor witness or victim puts his signature on the protocol, the same will need to be done to his legal representative or teacher, if the latter is present during the investigation. This is the law. It should also be noted that all persons who take part in the investigative measure must sign the procedural document. If the lawyer was at the interrogation of a minor witness , then he has the right to make comments to the investigator after the end of the conversation, and this is necessarily recorded in the protocol. These rules are spelled out in Art. 189, 190, 191 Code of Criminal Procedure.
Psychologist
Invited by a police officer during investigative activities with adolescents who are victims and witnesses in cases of violation of the sexual integrity of minor citizens.
The participation of a psychologist is also necessary if the small citizen is not 16 years old, or if he has reached this age, but has developmental disabilities.
h. 5 tbsp. 191 Code of Criminal Procedure
When conducting investigative measures involving minors - a witness and a victim, filming or video recording is mandatory. But if the interrogated or their legal representatives are against this, then these actions are not performed.
A comment
Procedural measures with the participation of a witness or a victim who has not reached the age of 16 are carried out only in the presence of a teacher or psychologist. This is written in Art. 191 Code of Criminal Procedure. One cannot but agree with the comments on it. After all, persons who have not reached the age of majority cannot independently make some decisions, as well as completely dispose of their rights. In addition, their legal representatives can also participate in the procedural event. This is necessary so that the minor victim, as well as the witness, would feel more comfortable and confident at the time of communication with the investigator.
It should also be noted that young citizens under the age of sixteen are not warned by a law enforcement officer of responsibility for reporting false evidence to an official. Because they have not reached the age when, according to the law, responsibility comes for it. The investigator simply tells the teenagers that they need only tell the truth.