Certain Relevant Issues of Interviewing Minors and Victims in the Practice of Law Enforcement Institutions During Criminal Proceedings

Darius Pranka
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引用次数: 0

Abstract

Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.
刑事诉讼中执法机关采访未成年人和被害人的若干相关问题
十多年前,在立陶宛进行了一次审计,以评估在刑事诉讼期间保护儿童权利的情况。审计发现了与儿童面谈有关的各种缺点和问题。2017年,随着《立陶宛共和国刑事诉讼法》修正案的实施,这些问题得到了解决,该修正案已生效五年多。本文旨在分析执法机构在刑事诉讼中对未成年证人和被害人进行面谈的现行做法,特别是近年来的做法。通过分析和实证研究发现,未成年人在指定的儿童讯讯室外因不正当理由被讯问的情况时有发生。此外,他们的权利,特别是不指证其亲属或家庭成员的权利,并不总是得到充分的解释。讨论了这种程序性违反的法律意义。此外,报告强调指出,儿童权利保护和收养服务处的雇员往往缺乏与儿童进行面谈的适当准备。文章最后总结了实证研究的其他发现。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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