Interrogation of a minor witness: the specifics of the procedure

Judicial power in the country is realized through criminal, administrative, civil and constitutional proceedings. This provision is set in Art. 118 of the Basic Law of the Russian Federation. The protection of the rights of citizens in the judicial process covers a variety of public relations. In doing so, the norms of various legal branches are used.

Legal personality

The opportunity to apply to the court is conditioned by the presence of de-and legal capacity. Within the framework of the latter, a person acquires legal opportunities and bears responsibilities. Legal capacity is recognized by all organizations and citizens equally. It is expressed in the ability to participate in procedural relations. The legal capacity is regulated by Art. 37 CIC. It consists in the ability of the subject, through his actions, to exercise his rights, bear duties, entrust participation in the consideration of cases to his representative. Full procedural legal capacity arises in persons when they reach adulthood.

Legal opportunities for subjects under the age of 18

The legitimate interests, freedoms and rights of minors aged 14-18 and those with limited legal capacity are protected by their representatives in the judicial process. They are:

1. Parents.
2. Guardians.
3. Adoptive parents.
4. Trustees.
5. Other persons with relevant rights.

In part 4 of Art. 37 ГПК it is established that in cases provided for by federal laws, protection of interests of minors from 14 to 18 years can be carried out by them personally on cases arising from family, labor, public, civil and other relations.

According to Art. 45 the prosecutor has the right to apply for protection of the freedoms of the person, if by his age, state of health, incapacity or other reasons, he can not do it himself.

The legislation also provides for cases when municipal authorities, state authorities, citizens and organizations can send an appeal to the court in defense of the interests of a minor or an incompetent subject, regardless of the request of the interested entity or its representative. This provision is fixed in Art. 46 (part 1).

Representation

According to Art. 64 (Part 1) UK parents act on behalf of their children under the age of 18, if there are no contradictions between them. According to Art. 47 adults are entitled to representation in accordance with the origin of minors certified in accordance with the procedure prescribed by law. The adopters are representatives of children under the age of 18 on the basis of the decision on adoption, which came into force, as well as certificates of the act's registration. The trustees and guardians appear in court in the interests of the minor in accordance with the decision of the guardianship and trusteeship bodies and the certificate presented.

As the specified subjects social protection institutions, adoptive parents and so on can act.

Legal representatives carry out on behalf of persons who have not attained the age of 18 all procedural actions, the possibility to perform which belongs to the latter with the limitations provided for in the law.

Interrogation of a minor witness in court: GIC

As part of the proceedings in the case, it may be necessary to call a person who has not reached the age of 18. Interrogation of a minor witness in a civil process under the age of 14 is carried out in the presence of a pedagogical worker. At the discretion of the authority authorized to resolve the dispute, the teacher may be present when taking testimony from a subject aged 14-16. If necessary, for the questioning of a minor witness in civil proceedings , his parents, guardians / guardians may be summoned.

Nuances of procedure

With the permission of the presiding officer, the guardian / guardian / parent has the right to ask the minor questions to the minor. They can also express their own opinions on the content of the testimony and the personality of the subject. In some (exceptional) cases, if such necessity arises from the establishment of certain circumstances of the case, one or another present person who is or is not a party to the proceedings may be removed from the courtroom on the basis of the definition of the authorized person. After the subject returns to the hall, if he is a party to the case, he is informed of the contents of the testimony taken from the minor and provides the opportunity to ask questions.

In Art. 179 another special rule is defined for children under the age of 16. After the interrogation of a minor witness in court is completed, he is removed from the courtroom. The exception is cases where the person authorized to lead the proceedings considers his further presence necessary.

Additionally

According to Art. 57 of the Criminal Code of the Russian Federation, the court is obliged to listen to the child's opinion on issues affecting his interests in any proceedings, and upon reaching the age of 10 years, taking decisions on cases provided for in articles 154, 136, 143, 72, 134, 59, 132 of the Family Code, Is carried out exclusively with the consent of the child. In other situations, the opinion of a minor is taken into account if it does not contradict his own interests.

Rights of the child

Interrogation of a minor witness is carried out according to the rules provided for persons who have reached the age of 18. In particular, the subject bears criminal responsibility for false testimony. It comes in accordance with art. 307 of the Criminal Code from the age of 16. In addition, from the age specified, liability is provided for evasion or refusal to provide information to a person known to the person. It comes in accordance with art. 308 of the Criminal Code.

Before interrogating a minor witness, his rights and duties are explained to him. In accordance with Art. 69 of the procedural law, a child may refuse to testify against himself and his relatives (brothers / sisters, parents / adoptive parents, grandparents).

Interrogation of a minor witness: the Code of Criminal Procedure of the Russian Federation

The procedure for giving evidence in the criminal case has a number of specific features. First of all, the authorized employee is obliged to invite the teacher to interrogate the minor witness. The CCP establishes a concrete factual basis for calling a teacher. They are not reaching a child of 14 years of age. This fact is confirmed, as a rule, by a birth certificate.

Another reason for attracting a teacher will be the decision of an authorized official. If necessary, the interrogation of an under-aged witness by an investigator or an investigator may be conducted in the presence of a teacher if the subject is 14-18 years old. This provision is fixed in Article 191, Part 1 of the Code. Participation of the teacher should be reflected in the case materials. For this purpose, a resolution can be drawn up that fixes the decision of an authorized employee to invite a pedagogical worker to question an under-age witness. The Code of Criminal Procedure of the Russian Federation allows this fact to be recorded also in the minutes.

Specificity of the design

If a pedagogical worker is invited to interrogate an underage witness, the information about him is reflected in the protocol. In particular, it is written:

1. FULL NAME.
2. Education.
3. Position.
4. Place of activity as a teacher.
5. Address of residence.

At the same time, it is expedient for an officer authorized to conduct an interrogation to find out the nature of the relationship between a minor and a teacher (if they exist). In addition, it is necessary to establish the presence / absence of conditions that create obstacles for the participation of the pedagogical worker in the procedure.

Teacher Rights

With the permission of the investigator, the teacher can ask questions to the minor during interrogation. In this case, the employee has the right to divert one or another question. However, since it was specified, this fact should be reflected in the protocol. This instruction is carried out in accordance with Art. 166 CCP (Part 4). According to the norm, all actions are described in the protocol in the order in which they were committed.

The essence of the right of the representative

It is worth saying that in the investigation of certain categories of cases, it is always necessary to conduct an interrogation of a minor witness. Judicial practice in such cases is not as extensive as it might seem. This is probably due to the fact that carrying out this procedure involves certain psychological difficulties, especially for the child himself. In this regard, the norms prescribe the mandatory presence of a representative when interrogating minors.

Key terms and conditions

Directly the very right in this subject arises in accordance with Art. 191 of the Code of Criminal Procedure. Realization of this legal possibility is carried out in compliance with the established form. This means that, before the subject has the right to participate in the interrogation of a minor, he must acquire the status of his legal representative. In addition, the admission of a person to the procedure is carried out upon the application of a relevant petition. It is drawn up according to the rules established in the law, and is reflected in the case materials. Another condition is that a representative can only participate in the investigative action in which the minor acts as an interrogated.

From this we can draw the following conclusions. On the one hand, this provision allows the representative to send an application for his participation, not only in the questioning of the minor, but also in the confrontation. However, if a person who has not attained the age of 18 years is involved in proceedings in a different status, the demand of the interested entity may be left without satisfaction. As well as to the pedagogical worker, the legal representative should be given the right to ask questions to the interrogated minor with the permission of the investigator / inquirer. Each of them is reflected in the protocol. Fixation is subject to those questions that have been asked, but are assigned by the investigator / inquiry officer.

Conclusion

Often the participation of a minor in the proceedings of a civil or criminal case is of special evidentiary value. The subject may possess information that clarifies certain circumstances or information that may contribute to their clarification. In some cases, a minor may be afraid to disclose known data. In accordance with the law, law enforcement agencies must ensure the protection of persons participating in the case. If necessary, personal information about the witness may be hidden from public access.