Specific Features of Interrogating a Minor or Juvenile Witness and Victim in Criminal Proceedings

Abstract

The article presents a comprehensive study of the specific features of interrogating a minor or juvenile witness and victim in criminal proceedings, considering the provisions of criminal procedural legislation, forensic tactics, legal psychology, and international standards of child-friendly justice. It is substantiated that a child’s participation in criminal proceedings requires an enhanced level of legal protection, since age-related, psychological, emotional, and communicative characteristics significantly affect the procedure for obtaining, recording, and assessing testimony. The normative correlation between the concepts of a minor and a juvenile is examined, and the importance of such differentiation for choosing the procedural form and tactics of interrogation is determined. Attention is paid to the participation of a legal representative, teacher, psychologist, and, where necessary, a doctor; compliance with reduced time limits for interrogation; explanation of the child’s procedural status; and proper recording of the participation of the relevant persons in the protocol of the procedural action. The article analyzes the significance of interrogation under Article 225 of the Criminal Procedure Code of Ukraine, remote court proceedings, video recording, and other procedural mechanisms aimed at preserving the evidentiary value of testimony and minimizing the risk of secondary traumatization of a child in criminal proceedings. The “Green Room” methodology and the Barnahus model are characterized as modern tools of interdisciplinary cooperation that combine criminal procedural objectives with psychological, social, medical, and legal support for the child. It is concluded that the effectiveness of interrogating a minor or juvenile witness and victim depends not only on formal compliance with legal requirements but also on the professional training of the persons involved, the creation of a safe communicative environment, and the implementation of standards of child-friendly justice.