Some Issues of the Participation of Children in Conflict With the Law in the Consideration of Criminal Cases by Courts

Abstract

This article discusses problematic issues related to the participation of a child in conflict with the law in criminal cases considered by the court. The author focuses his attention on such issues as the mandatory participation of the child in the trial, the unacceptability of a trial in absentia; factors are shown that have a significant impact on the activity or passivity of the participation of children in conflict with the law when considering cases by the courts. The author reveals the issues of children's awareness of their rights and responsibilities specifically in court proceedings, which otherwise may lead to a violation of the principles of criminal proceedings, such as: spontaneity, comprehensiveness, completeness and objectivity of the study of the circumstances of the case. In order to ensure confidentiality, it is proposed that all such trials be conducted in closed form and that further work is necessary to ensure the rights and legitimate interests of children who are in conflict with the law in criminal cases considered by the courts.