Juvenile victim in criminal proceedings: ensuring the right to representation and communication

Abstract

The juvenile victim is one of the least protected participants in criminal proceedings, in connection with which the doctrine proposes to provide by law for cases of mandatory participation in the process of the victim's representative to protect the rights and legitimate interests of the juvenile victim. Also expand the list of cases where the court may decide to consider criminal proceedings in closed session, including criminal proceedings in which the victim is a minor and expand the content of specialization of judges in criminal proceedings against minors, including criminal proceedings in which juvenile victims are involved.
 We also believe that lawyers who represent the interests of children should be educated and aware of children's rights and related issues, receive ongoing and in-depth training, and be able to communicate with children at their level of understanding.
 In our opinion, criminal proceedings in which a minor is a victim should be carried out by a judge authorized in accordance with the Law of Ukraine “On the Judiciary and the Status of Judges” to conduct criminal proceedings against minors.
 We believe that there may be cases (for example, violent criminal offenses) when re-examination in court may be excessively traumatic for the juvenile victim. In such a case, such a victim should not be knowingly subjected to secondary victimization by an appropriate judicial action. It is possible to interrogate a minor victim with the participation of the court during the pre-trial investigation in order to properly procedurally record his testimony, which can be used during the trial, according to the rules provided for in Art. 225 of the CCP.