Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence
The scientific article is devoted to certain aspects directly related to the procedural regulation of the interrogation of minors during the pre-trial investigation of criminal proceedings related to domestic violence. An analysis of international legal acts containing relevant standards in the rese...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2022-09-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/496 |
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| author | V. P. Gontarenko |
| author_facet | V. P. Gontarenko |
| author_sort | V. P. Gontarenko |
| collection | DOAJ |
| description | The scientific article is devoted to certain aspects directly related to the procedural regulation of the interrogation of minors during the pre-trial investigation of criminal proceedings related to domestic violence. An analysis of international legal acts containing relevant standards in the researched field, provisions of the current criminal procedural legislation of Ukraine, as well as scientific works, whose authors worked on the outlined issue, has been carried out. This is due to the fact that sometimes in such proceedings the only source of evidence is the testimony of minor victims. In such cases, the process of obtaining and evaluating evidence is determined by age, individual psychological and many other characteristics of the interrogated.
In criminal proceedings related to domestic violence, issues related to the place of interrogation of a minor and ways of recording it are quite relevant. On the basis of the conducted research, it has been substantiated that the interrogation of a minor should be carried out in a room: a) where the environment will be friendly for him or her; b) which is equipped with means for audio and video recording. Such statements are fully consistent with the “green room” method. Taking into account the above, it is proposed to make changes to the provisions provided for in Part 1 of Art. 226 of the CCP of Ukraine. In addition, attention has been drawn to the change in the philosophy of obtaining testimony from a minor regarding the circumstances of a committed criminal offense from interrogation to procedural interview.
Interrogation of a minor must be carried out by an investigator according to the rules provided by the Code of Criminal Procedure of Ukraine. However, before the interrogation, the investigator must: select a suitable specialist psychologist; give them the opportunity to get acquainted with the materials of the criminal proceedings, taking into account the meeting with the minor; based on the circumstances to be proven, agree with the specialist on the content and form of the questions necessary for clarification. Taking into account the above, it has been concluded that it is considered necessary in the provisions of the current legislation to provide for this a specially authorized person - a juvenile investigator. |
| format | Article |
| id | doaj-art-1258e9c7b78344c8b2457f4b2a18f1ce |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2022-09-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-1258e9c7b78344c8b2457f4b2a18f1ce2025-02-02T13:36:27ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2022-09-0198318419310.32631/v.2022.3.17496Interrogation of a minor victim during the investigation of criminal offenses related to domestic violenceV. P. Gontarenko0Kharkiv National University of Internal AffairsThe scientific article is devoted to certain aspects directly related to the procedural regulation of the interrogation of minors during the pre-trial investigation of criminal proceedings related to domestic violence. An analysis of international legal acts containing relevant standards in the researched field, provisions of the current criminal procedural legislation of Ukraine, as well as scientific works, whose authors worked on the outlined issue, has been carried out. This is due to the fact that sometimes in such proceedings the only source of evidence is the testimony of minor victims. In such cases, the process of obtaining and evaluating evidence is determined by age, individual psychological and many other characteristics of the interrogated. In criminal proceedings related to domestic violence, issues related to the place of interrogation of a minor and ways of recording it are quite relevant. On the basis of the conducted research, it has been substantiated that the interrogation of a minor should be carried out in a room: a) where the environment will be friendly for him or her; b) which is equipped with means for audio and video recording. Such statements are fully consistent with the “green room” method. Taking into account the above, it is proposed to make changes to the provisions provided for in Part 1 of Art. 226 of the CCP of Ukraine. In addition, attention has been drawn to the change in the philosophy of obtaining testimony from a minor regarding the circumstances of a committed criminal offense from interrogation to procedural interview. Interrogation of a minor must be carried out by an investigator according to the rules provided by the Code of Criminal Procedure of Ukraine. However, before the interrogation, the investigator must: select a suitable specialist psychologist; give them the opportunity to get acquainted with the materials of the criminal proceedings, taking into account the meeting with the minor; based on the circumstances to be proven, agree with the specialist on the content and form of the questions necessary for clarification. Taking into account the above, it has been concluded that it is considered necessary in the provisions of the current legislation to provide for this a specially authorized person - a juvenile investigator.http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/496pre-trial investigationdomestic violenceminorinterrogation“green room”procedural interview. |
| spellingShingle | V. P. Gontarenko Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence Bulletin of Kharkiv National University of Internal Affairs pre-trial investigation domestic violence minor interrogation “green room” procedural interview. |
| title | Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| title_full | Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| title_fullStr | Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| title_full_unstemmed | Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| title_short | Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| title_sort | interrogation of a minor victim during the investigation of criminal offenses related to domestic violence |
| topic | pre-trial investigation domestic violence minor interrogation “green room” procedural interview. |
| url | http://visnyk.univd.edu.ua/index.php/VNUAF/article/view/496 |
| work_keys_str_mv | AT vpgontarenko interrogationofaminorvictimduringtheinvestigationofcriminaloffensesrelatedtodomesticviolence |