ДЕЯКІ ОСОБЛИВОСТІ ПРОВЕДЕННЯ ДОПИТУ НЕПОВНОЛІТНІХ У КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The article considers some features of interrogation of a minor (victim, witness, suspect) in criminal proceedings and its legal settlement in accordance with the current criminal procedure legislation. The issues of participation of a teacher, psychologist and doctor (if necessary), as well as the procedure for their involvement in the interrogation of minors in criminal proceedings were studied. The analysis of mistakes made by investigators during the interrogation of minors is carried out. Depending on their age, minors (victims, witnesses, suspects) have certain psychological characteristics that must be taken into account during their interrogation in order to obtain truthful testimony about the circumstances of the criminal proceedings. On the basis of the conducted scientific research it is concluded that to achieve an effective result during the interrogation of a minor (victim, witness or suspect) is possible with a comprehensive approach to its psychological, age, mental and individual characteristics, as well as serious preparation of the investigator or prosecutor, investigative action. Proposals for improving the current legislation are proposed, which will help to resolve the issue of interrogation of juvenile victims, witnesses and suspects during the pre-trial investigation and to eliminate the gaps and contradictions in the legislation. In particular, when choosing a teacher or psychologist, it is proposed to take into account practical experience and specialized education, as well as to give preference to the teacher with whom the minor has contact, and in the absence of trust - a psychologist, and be sure to involve a psychologist and psychiatrist. on mental disorder or lagging behind in mental development. It is seen that the interrogation of a minor in court is the subject of further theoretical development and requires a separate research and search for ways to improve existing criminal procedure legislation to ensure the rights and legitimate interests of minors in criminal proceedings during their interrogation in court.