In life, we find ourselves in all kinds of situations, some of which are connected with the violation of the law. If a child is involved in this, then he is entitled to the legal representative of the minor. A person receives this status officially, and other participants in the process must reckon with him. As a rule, the legal representative of a minor is one of the parents or guardian. He has rights and obligations that it is desirable to know and understand how to use them. Let's understand the nuances of the topic.
Why do I need a legal representative of a minor?
Legal capacity comes when a person reaches the age of eighteen. This means that the person is recognized as such, which can determine its own fate. And the first years of life for the child are decided by the parents. They are responsible for his life and health. This is the essence of the phenomenon under study. Society is designed so that a child must be under the care of an adult. He does not just feed him, educates, creates the conditions for normal development. This person speaks in government on behalf of a minor. When a youth falls into a critical situation related to crime, the responsibility lies with the one who takes care of him. After all, the law in our country, as in the whole world, is designed so that the minor himself is considered incompetent. With him they cannot demand the fulfillment of all civil duties. It is still too small for such a load. Probably, in some cases, it is humanly possible to argue with this postulate. But the state protects its future in the face of the younger generation, therefore it makes children concessions that are excluded for an adult healthy citizen.
Who can represent a minor?
Understood the fundamental basis. Now let's see who the legislation is based on in situations where children are involved. It is worth noting that there are many of them. More often than not, we hear about criminal trials in which minors are held as defendants, witnesses, or suspects. But there are still property issues, going abroad and much more. Most often, fortunately, the interests of children are represented by their parents. The legal representative of an orphan is his guardian or government agency. But there are times when it is not so simple. The child does not have parents, and government agencies did not take care of his device. That is, he is alone in the whole world. This does not mean that he is not entitled to the protection that other children have. The state is obliged to appoint an official representative to it. As a rule, he is an employee of a specialized structural unit of the executive branch.
Rights of the legal representative
We will focus on the criminal process. It has many nuances in which the person representing the child must understand. The legal representative of the minor accused is obliged to know all this, understand and fulfill it. Namely:
- fully protect the rights of the child;
- understand what he is accused of;
- get acquainted with the materials of the criminal case;
- receive notifications and other information;
- file petitions and challenges;
- hire, if necessary, a lawyer and cooperate with him in favor of the lad.
The legal representative of a minor is constantly involved in the criminal process.He should go to the interrogation with the child, be constantly nearby, monitor the observance of his rights. In addition, this person signs all documents on behalf of the accused (witness). On it lies the responsibility established by law.
Special rights
Those who have not encountered criminal cases hardly imagine how many nuances there are in their consideration. The accused or suspect should be interviewed. When it comes to a capable person, she is called to the police. But the child just can not be detained. The legal representative of a minor witness (CCP) is required to be present at the interview. That is, he is the first to receive information that a trouble has occurred with the child. If the police do not notify this person, she breaks the law. This should be understood and require strict compliance with these provisions. When a child is detained, his representative is notified immediately. You should drop everything and go to the police. In addition, an adult must file a petition to protect a child witness in accordance with federal law. He is also obliged to participate in court hearings when they concern the ward. No one has the right to obstruct the implementation of everything described.
The subtleties of blaming children
When a crime committed by a minor is investigated, the law is on the side of the accused. All procedures are organized so as not to harm the teenager. The legal representative of a minor accused is allowed to participate in any investigative action. He must attend interrogations and confrontations. He cannot be prevented from investigating the experiment. Everything that concerns a teenager is carried out only with the participation of his legal representative. And he is obliged to contribute in every way to the observance of his rights. In case of violation of such should contact the prosecutor. This body oversees the work of the police. Intimidation of the child, especially the bullying of him and a person representing a minor, is unacceptable. These actions are contrary to applicable law.
A responsibility
The legal representative of the child has fairly broad rights. He is obliged, from the point of view of the state, to use them. That is, neglect of debt is unacceptable. This act is recognized as such that causes harm to a minor. Therefore, the legislation establishes the responsibility of the representative of the child. If he evades his duty, he may be suspended from participation in the process. For example, the father does not want to engage in a teenager, a decision is made about his inaction, which harms the accused. Then the official representative may be the mother. If both parents waved their hands at the child, busy with their problems, then the state will take custody of the minor. It will appoint its representative. And careless parents will be subject to administrative punishment. For failure to fulfill obligations I impose a fine of up to one and a half thousand rubles. Funny, of course, but such is the law. And it’s better not to get into stories when a minor needs a legal representative.
