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Art. 425 Code of Criminal Procedure. Interrogation of a minor suspect, accused. Features of interrogation of minors

Unfortunately, juveniles are often involved in the criminal case as suspects and accused. The legislation separately regulates issues related to their interrogation. General rules are set in Art. 425 Code of Criminal Procedure. Consider the features of its application. interrogation of a minor suspect

The content of the article

In accordance with article 425 of the Code of Criminal Procedure, interrogation of a minor suspect cannot continue for more than 2hours without a break. In total, its duration should not exceed 4 hours. Similar restrictions are established for interrogation of a minor accused.

When taking evidence from a subject, his defender may participate. The lawyer has the right to ask the interrogated questions. Upon completion of the procedure, counsel has the right to familiarize themselves with interrogation protocol, make comments on the completeness and correctness of the entries in it. The investigator must record them in writing.

The participation of the teacher during the interrogation of a minor suspect or accused who has not reached 16 years of age is required. Instead of a teacher, a psychologist may be present. The participation of a teacher or psychologist is also required if interrogation of a minor suspect / accused, reaching 16 liters., But suffering from mental disorders or lagging behind in development. The investigator / interrogator is obliged to ensure their involvement at the request of the defense counsel or on his own initiative.

Training

In preparing for the procedure for taking evidence, the investigator / interrogator must take into account the procedural status of a citizen, information characterizing his personality. This information is important in determining the circle of persons allowed to participate in the procedural action, time, place of interrogation, as well as the most suitable tactical techniques and methods of calling.

An authorized employee must collect at least minimal information about the teenager. To do this, interviewed legal representatives of a minor suspect - parents, adoptive parents, guardians. Important information can provide neighbors, teachers. In some cases, the district commissioner is interviewed. juvenile rights

Call

Usually on interrogation of a minor suspect called through legal representatives. However, if the investigator has sufficient grounds to believe that they may be involved in a crime or may persuade a teenager to engage in unlawful behavior, other notification options are used.

An authorized employee may come to the place of study / work and interrogate the minor directly there. It is undesirable to use the drive, as this can injure the teenager and make contact difficult.

Features of interrogation of minors

Adolescents are quite hard at taking the testimony. When choosing tactics and moment interrogation of a minor his emotional states are of great importance. Teenagers, as a rule, are emotionally excited, but at the same time they are depressed by an unfamiliar environment (if the conversation is conducted in the office of the investigator / interrogator). In addition, the minor fears possible punishment, parents, is afraid of exposure.

At interrogation of a minor suspect it is important to encourage him to understand the seriousness and need for cooperation with law enforcement agencies. To do this, try to relieve nervous tension, calm the teenager, take measures to establish psychological contact.

First conversation

It can become fundamental and decisive if the employee is able to obtain complete and objective information about the incident.

Start off interrogation of a minor suspect it is advisable with questions about living conditions, features of study or work, circle of interests, hobbies. A teenager, thinking that this information is irrelevant, can willingly answer them.

After ascertaining the biographical data, the investigator must explain in detail and clearly to the minor what crime he is suspected of.

It is necessary to formulate each question correctly. They should not contain factual information that can tell a minor something. Questions should be simple and specific. interrogation of a minor suspect accused

Detailing Information

If during the investigation a minor admits the act and is ready to talk about it in detail, the investigator should find out each circumstance and analyze all the information that he receives from the teenager. It is necessary to detail the facts. If possible, they should be verbatim recorded in interrogation record.

Information obtained during the conversation should be verified. The investigator / interrogator must unambiguously determine whether the teenager is really guilty of a crime or he came up with information. If the testimonies turn out to be reliable, they will allow to establish new data, to find property stolen during the crime, accomplices, guns, etc.

Element of surprise

Of considerable importance during interrogation is the demonstration by the investigator of awareness of the circumstances of the incident. But the information that he will voice must be reliable. Their sources may be the protocol for the inspection of the crime scene, witness statements, etc.

The use of the element of surprise when presenting to the interrogated person even insignificant, but convincing evidence will allow him to persuade him to tell the truth.

However, it must be remembered that a teenager, due to his development and age, is not always able to evaluate information adequately. In this regard, it is advisable to explain to him the actual value of the factual information.

Alibi

When referring to it, you need to take into account that adolescents do not prepare explanations in advance. Consequently, concretizing questions and answers to them about the time, place, joint actions, witnesses and other data reflected in the protocol will help later to establish the invalidity of the reference to the alibi.

The presence of a teacher or psychologist

During the interrogation of a minor, a teacher or psychologist acts as a specialist. According to the law, if a citizen is under 16 years old or has turned one, but he has some mental disorders or developmental delay, the involvement of these persons is mandatory. st 425 upk rf

When deciding on the participation of a teacher / psychologist in interrogation, several factors must be taken into account:

  • The role of a teenager in a perfect act.
  • The nature of the crime.
  • Individual features of a minor, etc.

Often, a teacher, whom a teenager knows and respects, can help calm him down, relieve stress. In some cases, the teacher’s participation is inappropriate (for example, when committing sexual assault). In such situations, it is better to invite a teacher from another educational institution or psychologist.

The presence of parents during interrogation is also undesirable. The fact is that the minor begins to get lost, lock up, because he feels shame, fear of punishment.

Preparation for questioning accused teenager

At the time of indictment, the investigator must have all the necessary information about the minor. As mentioned above, information can be obtained from teachers, neighbors, parents, and the employer. Thus, before the interrogation, the investigator will have at his disposal the moral-psychological and socio-demographic characteristics of the teenager. With it, an employee can familiarize the minor himself and his counsel.

Admission of parents to the interrogation, as in the previous case, is impractical.

The specificity of the procedural action

Before interrogation, the investigator must announce the decision to bring the teenager to the case in the status of the accused. Then, in an understandable form, he is explained the essence of the charge, the content of the norms specified in the decision, the validity of the qualification of the act, the law, the significance of circumstances aggravating or mitigating the punishment. legal representative of a minor suspect

At the beginning of the interrogation, it becomes clear whether the minor pleads guilty. If the answer is no, then fixing it in the protocol is immediately impractical. The fact is that during a conversation a minor can change his position under the influence of the evidence presented.

If the interrogated pleaded guilty, then the interrogation should not be finished. It is necessary to find out the details, circumstances of the incident.

Tactics Features

One of the tactical techniques is the maximum specification of the circumstances of the act and accomplices. For this, the investigator finds out the circumstances that took place before the assault, the actions of the participants, and the features of their relationship. It is important to establish the moment of intent, to determine the initiator.

If the minor pleaded guilty, but is confused in the details, you need to figure out why this is happening. The reason may be features of psychophysiological properties. Often adolescents get confused in testimonies due to strong emotional excitement, developmental retardation, etc. In some cases, a minor gives information that has become known to him from other sources. interrogation of a minor suspect cannot continue for more

During the interrogation, it is necessary to determine the role of adults or other accomplices. To do this, the investigator should focus the adolescent's attention on different circumstances, ask questions prepared in advance and formulated during the conversation related to relationships with adults.

Other tricks

If the minor does not admit guilt, other tactical methods are used and other ways of finding out information. The investigator must clearly explain to the teenager the danger of his actions for society, to characterize the attitude of others around him. Of considerable importance is the description of the damage that the minor caused not only to the victim, but also to his family.

The investigator must show what denial of guilt can lead to, the importance of a teenager correctly assessing his behavior, consequences, the need for cooperation with the investigation. It should be explained to the minor that sincere confession is a mitigating factor.

Juvenile rights

Prior to the interrogation, the teenager is explained the need to tell the truth. Minors under 16 are not warned of responsibility for false testimony.

At the stage of initiating proceedings and preliminary investigations, the following rights of a minor are provided:

  • Know what he is suspected / accused of.
  • Take the help of a defender.
  • Get acquainted with the protocols of procedural actions carried out with his participation.
  • To make petitions or challenges, to bring complaints about decisions, actions / inaction of law enforcement officials, the prosecutor.
  • To testify in their native language, if necessary, use the services of an interpreter.

teacher's participation in the interrogation of a minor suspect

When interrogating adolescents, the provisions of the Constitution apply.In particular, according to Article 51 of the Basic Law, no one is obliged to testify against himself or his relatives. Consequently, a minor has the right to refuse to testify.


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