未成年人在预审侦查中被讯问权利的保障

Eugene Povzyk
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Issues related to proceedings involving minors are the work of many procedural scientists: I.V. Glovyuk, Y. M. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, V. T. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev and others.\n\nThe purpose of the scientific article is to study the guarantees of protection of the rights of minors and juveniles during their interrogation in the pre-trial investigation and to develop proposals based on it to improve the current criminal procedure legislation.\n\nArticle’s main body. The research is devoted to determining the status of a minor in criminal proceedings, features of interrogation with his participation, analysis of additional guarantees of protection of his rights and interests during interrogation, features of specialization of subjects of such investigative (search) action and requirements to other participants of interrogation. It is noted that at the stage of pre-trial investigation, the method of interrogation of a minor is effective - \"Green Room.\" This technique is developed to introduce the best experience of interrogation of the child, when the child is not injured and provide an opportunity to collect all the necessary evidence in criminal proceedings. It is stated that despite the positive impact of this technique,\ncases of interrogation of the child by the \"Green Room\" method are not frequent, given the small number of such \"Green Rooms,\" and, therefore, the significant remoteness of law enforcement agencies from such specially equipped premises.\n\nThe scientific novelty of the study is to make suggestions for improving the current criminal procedure legislation, which relate to the application of additional guarantees for the protection of the rights of minors, specialization of juvenile prosecutors, mandatory participants in the interrogation of minors.\n\nConclusions. Among scientists and practitioners, the issue of mandatory and conditionally mandatory participants of interrogation of a minor listed in Part 1 of Article 226 of the CPC of Ukraine remains debatable. In our opinion, it is appropriate to apply to the motivational part of the Resolution of the United Chamber of the Cassation Criminal Court of the Supreme Court of 18.11.2019. resolution of the scope of documents confirming the authority of the defender to participate in a particular criminal proceeding (listed in Art. 50 of the CPC of Ukraine). The resolution states that: … para. 2 of Part 1 of Article 50 of the CPC is formulated using a syntactic construction in which homogeneous members of the sentence, namely: \"order,\" \"contract\" and \"errands,\" are connected by a relentless separation, and between the last two used a connector \"or,\" which clearly indicates an alternative list, that is, the possibility of choosing one of the three mentioned in In addition, if such a list presents the conditions for the occurrence of a certain legal consequence, the use of a separating connector \"or\" indicates that the consequence occurs in the presence of at least one of the listed conditions.... \". Thus, taking into account such a syntactic design, formulated in part 1 of Article 226 of the CPC of Ukraine, we consider it mandatory to interrogate a minor or legal representative, or teacher, or psychologist, and conditionally mandatory - a doctor (if necessary).","PeriodicalId":133481,"journal":{"name":"Law and innovations","volume":"18 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Guarantees of protection of the right of minors during their interrogation on the pre-examination investigation\",\"authors\":\"Eugene Povzyk\",\"doi\":\"10.37772/2518-1718-2021-4(36)-14\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Problem setting. One of the tasks of criminal proceedings is to protect the rights and legitimate interests of participants in criminal proceedings. Additional guarantees should be created for juvenile participants in criminal proceedings, taking into account their age, physical and psychological characteristics, taking into account the principle of the best protection of the interests of the child enshrined in Article 3 of the UN Convention on the Rights of the Child. However, despite significant scientific developments in the issue of guarantees for the protection of the rights of minors and the relevant regulatory support, there are still difficulties in law enforcement on this issue, which, in turn, requires scientific analysis.\\n\\nThe state of research of the problem. Issues related to proceedings involving minors are the work of many procedural scientists: I.V. Glovyuk, Y. M. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, V. T. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. 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It is noted that at the stage of pre-trial investigation, the method of interrogation of a minor is effective - \\\"Green Room.\\\" This technique is developed to introduce the best experience of interrogation of the child, when the child is not injured and provide an opportunity to collect all the necessary evidence in criminal proceedings. It is stated that despite the positive impact of this technique,\\ncases of interrogation of the child by the \\\"Green Room\\\" method are not frequent, given the small number of such \\\"Green Rooms,\\\" and, therefore, the significant remoteness of law enforcement agencies from such specially equipped premises.\\n\\nThe scientific novelty of the study is to make suggestions for improving the current criminal procedure legislation, which relate to the application of additional guarantees for the protection of the rights of minors, specialization of juvenile prosecutors, mandatory participants in the interrogation of minors.\\n\\nConclusions. Among scientists and practitioners, the issue of mandatory and conditionally mandatory participants of interrogation of a minor listed in Part 1 of Article 226 of the CPC of Ukraine remains debatable. In our opinion, it is appropriate to apply to the motivational part of the Resolution of the United Chamber of the Cassation Criminal Court of the Supreme Court of 18.11.2019. resolution of the scope of documents confirming the authority of the defender to participate in a particular criminal proceeding (listed in Art. 50 of the CPC of Ukraine). 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引用次数: 0

摘要

问题设置。保护刑事诉讼参与人的权利和合法利益是刑事诉讼的任务之一。应根据《联合国儿童权利公约》第3条规定的最佳保护儿童利益的原则,考虑到青少年的年龄、生理和心理特点,为刑事诉讼中的青少年参与者提供额外保障。然而,尽管在保障保护未成年人权利的问题上取得了重大的科学进展和相关的监管支持,但在这一问题上的执法仍然存在困难,这反过来又需要科学分析。这个问题的研究现状。与涉及未成年人的诉讼有关的问题是许多程序科学家的工作:I.V. Glovyuk, y.m. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, v.t. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev等。这篇科学文章的目的是研究在审前侦查中对未成年人和未成年人的讯问权利的保障,并在此基础上提出完善现行刑事诉讼立法的建议。文章的主体。这项研究的目的是确定未成年人在刑事诉讼中的地位、未成年人参与审讯的特点、分析在审讯期间保护未成年人权利和利益的额外保障、这种调查(搜查)行动对象的专业化特点以及对其他审讯参与者的要求。值得注意的是,在审前侦查阶段,讯问未成年人的方法——“绿室”是有效的。这项技术的发展是为了在孩子没有受伤的情况下,为孩子提供最好的审讯体验,并提供一个在刑事诉讼中收集所有必要证据的机会。报告指出,尽管这种技术产生了积极的影响,但由于这种“绿色房间”的数量很少,因此执法机构远离这种特殊设备的场所,因此用“绿色房间”方法审讯儿童的案件并不多见。本研究的科学新颖之处在于对我国现行刑事诉讼立法提出完善建议,主要涉及对未成年人权利保护的附加保障的适用、未成年检察官的专业化、对未成年人讯问的强制性参与等。在科学家和从业人员中,强制性和有条件强制性参加审讯乌克兰《CPC》第226条第1部分所列未成年人的问题仍然存在争议。我们认为,适用于2019年11月18日最高法院上诉刑事法院联合分庭决议的激励部分是恰当的。确定确认辩护人有权参加某一特定刑事诉讼的文件范围(列于乌克兰《刑事诉讼法》第50条)。决议指出:……中国共产党第五十条第一部分第二款采用同质句构成的句法结构,即:“订单”、“合同”和“差事”通过不断的分离连接在一起,并且在最后两个之间使用了连接器“或”,这清楚地表明了一个可选列表,即可以选择中提到的三个中的一个。此外,如果这样的列表呈现了发生某种法律后果的条件,则使用分离连接器“或”表明该后果至少在列出的条件之一....的存在下发生”。因此,考虑到乌克兰CPC第226条第1部分中制定的这种句法设计,我们认为讯问未成年人或法定代理人、教师或心理学家是强制性的,并有条件地强制- -医生(如有必要)。
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Guarantees of protection of the right of minors during their interrogation on the pre-examination investigation
Problem setting. One of the tasks of criminal proceedings is to protect the rights and legitimate interests of participants in criminal proceedings. Additional guarantees should be created for juvenile participants in criminal proceedings, taking into account their age, physical and psychological characteristics, taking into account the principle of the best protection of the interests of the child enshrined in Article 3 of the UN Convention on the Rights of the Child. However, despite significant scientific developments in the issue of guarantees for the protection of the rights of minors and the relevant regulatory support, there are still difficulties in law enforcement on this issue, which, in turn, requires scientific analysis. The state of research of the problem. Issues related to proceedings involving minors are the work of many procedural scientists: I.V. Glovyuk, Y. M. Groshevoy, Z.Z. Zinatullina, O.P. Kuchinskaya, L.M. Loboyko, V. T. Nora, M.A. Pogoretsky, V.V. Romanyuk, S.M. Smokova, L.D. Udalova, O.G. Shilo, D.O. Shingarev and others. The purpose of the scientific article is to study the guarantees of protection of the rights of minors and juveniles during their interrogation in the pre-trial investigation and to develop proposals based on it to improve the current criminal procedure legislation. Article’s main body. The research is devoted to determining the status of a minor in criminal proceedings, features of interrogation with his participation, analysis of additional guarantees of protection of his rights and interests during interrogation, features of specialization of subjects of such investigative (search) action and requirements to other participants of interrogation. It is noted that at the stage of pre-trial investigation, the method of interrogation of a minor is effective - "Green Room." This technique is developed to introduce the best experience of interrogation of the child, when the child is not injured and provide an opportunity to collect all the necessary evidence in criminal proceedings. It is stated that despite the positive impact of this technique, cases of interrogation of the child by the "Green Room" method are not frequent, given the small number of such "Green Rooms," and, therefore, the significant remoteness of law enforcement agencies from such specially equipped premises. The scientific novelty of the study is to make suggestions for improving the current criminal procedure legislation, which relate to the application of additional guarantees for the protection of the rights of minors, specialization of juvenile prosecutors, mandatory participants in the interrogation of minors. Conclusions. Among scientists and practitioners, the issue of mandatory and conditionally mandatory participants of interrogation of a minor listed in Part 1 of Article 226 of the CPC of Ukraine remains debatable. In our opinion, it is appropriate to apply to the motivational part of the Resolution of the United Chamber of the Cassation Criminal Court of the Supreme Court of 18.11.2019. resolution of the scope of documents confirming the authority of the defender to participate in a particular criminal proceeding (listed in Art. 50 of the CPC of Ukraine). The resolution states that: … para. 2 of Part 1 of Article 50 of the CPC is formulated using a syntactic construction in which homogeneous members of the sentence, namely: "order," "contract" and "errands," are connected by a relentless separation, and between the last two used a connector "or," which clearly indicates an alternative list, that is, the possibility of choosing one of the three mentioned in In addition, if such a list presents the conditions for the occurrence of a certain legal consequence, the use of a separating connector "or" indicates that the consequence occurs in the presence of at least one of the listed conditions.... ". Thus, taking into account such a syntactic design, formulated in part 1 of Article 226 of the CPC of Ukraine, we consider it mandatory to interrogate a minor or legal representative, or teacher, or psychologist, and conditionally mandatory - a doctor (if necessary).
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