Features of pre-trial investigation of crimes against sexual integrity of children, committed in conditions of armed conflict

Abstract

The relevance of the article is due to the fact that many children have been taken out of the country since the beginning of the full-scale invasion, and the purpose of the people who facilitated their movement across the state border was not always good.
 Also, today our law enforcement and judicial system does not have access to the temporarily occupied territories, which contributes to the commission of crimes related to the violation of sexual freedom and integrity.
 The purpose of the article is to develop recommendations for optimizing the pre-trial investigation of crimes against the sexual integrity of children committed in the context of armed conflict.
 When gathering evidence in proceedings related to sexual violence related to armed conflict, one should take into account the obstacles that may stand in the way during: inspection of the scene of the incident (based on objective circumstances, it may be impossible to reach and conduct an inspection of the scene of the incident due to its destruction, location in the temporarily occupied territory or in the combat zone); interrogation of witnesses and victims (the whereabouts of witnesses may be unknown or they may be out of reach (go abroad or to another area); the victim may be depressed, refuse to testify due to despair that the offender will be punished , or because of the fear of his revenge; the interrogation of minors or juvenile victims and witnesses may be complicated due to the impossibility of fulfilling the requirements of Article 226 of the Criminal Procedure Code of Ukraine and applying the "Green Room" technique); taking readings of technical devices and technical means that have the functions of photo, film, video recording, or photo, film, video recording; obtaining samples for examination (a long time may pass from the moment of sexual violence, in connection with which, in particular, traces of biological origin may be destroyed).
 It is concluded that sexual violence against children is covered by the concept of "violation of the laws and customs of war" and can be qualified under Art. 438 of the Criminal Code of Ukraine with mandatory consideration of the provisions of international humanitarian law.
 It is also important to consider the obstacles that may stand in the way of bringing to justice persons who are reasonably suspected of committing crimes of the specified category.