Використання спеціальних знань під час допиту малолітньої особи

Abstract

The problem of human violence is emphasized as a global phenomenon that challenges the whole world. A number of regulations of both domestic and international level have been considered, as a result of which it has been found that the child’s rights are under special protection and are protected not only by domestic legislation, but also by a number of international conventions and covenants based on the fundamental document on the protection of human rights – the Universal Declaration of Human Rights. The emphasis has been placed on the fact that children are not able to protect themselves fully, and sometimes, when they are abused, do not even understand what is happening to them, or because of fear can not correctly interpret the course of events. Therefore, the question arises as to the possibility of obtaining testimony from a minor during interrogation, which will help to expose the perpetrators and establish the objective truth in the proceedings. The author has outlined the legal and organizational-tactical principles of interrogation of a minor victim of violence. She has argued that due to the complex process of psychological communication with a minor who has suffered and emotional experiences, his/her interrogation is a particularly complex and timeconsuming investigative (search) action, and therefore requires careful preparation and consideration of tactics. The specifics of the interrogation due to the age and psychological characteristics of the child include, in addition to delicate communication and psychological consideration of all questions and answers, also the creation of a child-friendly environment, the use of various demonstration tools and technical means of fixation, participation of certain specialists. The author has defined the range of persons who can act as specialists in criminal proceedings for crimes related to violence against minors. These are, first of all: psychologists, doctors (obstetricians and gynecologists) and specialists in the field of technical support. She has formulated some recommendations for improving the practice of interrogating a minor with the participation of a specialist.