Criminal Procedure Features of Interrogation of a Minor Injury and Witness
- 作者: Berova J.M.1, Tutukov A.Y.1
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隶属关系:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- 期: 卷 15, 编号 7 (2022)
- 页面: 165-169
- 栏目: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531806
- ID: 531806
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详细
Minors often act as participants in the criminal process. Regardless of the degree of participation of these persons in the criminal process, a number of investigative actions are carried out against them, which requires mandatory consideration of the peculiarities of their psycho-emotional and physical development by the employees of the competent authorities. Given the fact that in most cases the investigation of a criminal case requires a comprehensive examination of evidence to establish the truth, one of the most common investigative actions is interrogation, which allows authorized officers to obtain all the necessary information about the crime and the participation of specific individuals in it. In this context, the procedural aspects of organizing and conducting interrogation of minors in order to ensure their rights and legitimate interests are of particular importance. The purpose of the presented study is to study the existing criminal procedural features of the interrogation of a minor victim and witness. The author comes to the conclusion that the interrogation of juvenile victims and witnesses is a complex investigative and judicial procedure, which has significant specifics, which is associated with the mental characteristics of these persons and their role in the criminal process. Attention is focused on the fact that the changes made to the criminal procedure legislation in 2022 are of great practical importance, since the possibility of involving not only a teacher, but also a psychologist, their mandatory involvement during interrogation of persons under the age of 16, as well as securing limiting time for interrogation of minors, will fully ensure the rights and legitimate interests of interrogated persons, taking into account the specifics of their mental and physical development.
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作者简介
Juliet Berova
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: berova-d@yandex.ru
Dr.Sci.(Law), Associate Professor, Police Colonel, Deputy Head Nalchik, Russia
ALbert Tutukov
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of RussiaCand.Sci.(Law), Associate Professor, police colonel, Associate Professor of Law Enforcement activities organization Department Nalchik, Russia
参考
- Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated April 16, 2019 No. 92-APU19-3sp. The document has not been published. Access from ATP "ConsultantPlus".
- Dolzhenko N.I., Kupryashina E.A. Features of the interrogation of minors in criminal proceedings // Bulletin of the Voronezh State University. Series: right. 2022. No. 1 (48). pp. 257-266.
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- Markovicheva E.V. Participation of a teacher and psychologist in the interrogation of juvenile victims and witnesses: changes in legislation // Issues of juvenile justice. 2022. No. 2. S. 2-4.
- Matamarov A.N. Features of preparation for interrogation of minor victims and witnesses // Law and State: Theory and Practice. 2022. No. 8 (212). pp. 141-143.
- Tokareva E.V., Chasovnikova O.G., Vasiliev D.V. Criminal procedural and forensic features of the preparation and production of interrogation of minors // Eurasian legal journal. 2021. No. 6 (157). pp. 349-350.
- Tutukov A.Yu., Berova D.M. Criminal procedural features of the interrogation of minors during the preliminary investigation // Gaps in Russian legislation. 2019. No. 2. S. 181-183.
- Chernetsova M.V. Moral aspects of the interrogation of minors in the Russian criminal process // Bulletin of the Chechen State University. A.A. Kadyrov. 2022. No. 2 (46). pp. 135-140.
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