Forensics. Features of the investigation of crimes committed by minors (the most important)

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Forensics. Features of the investigation of crimes committed by minors (the most important)

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88. FEATURES OF THE INVESTIGATION OF CRIMES COMMITTED BY MINORS

The minimum age of the person being interrogated as a witness or victim is unlimited, but interrogation of a person of preschool age should be resorted to when there are no other sources of information relevant to the case. If the event was observed by several minors, then the interrogation should begin with the most adult of them. Also, when interrogating minors and adults involved in the case, the interrogation must begin with an adult. If a minor before interrogation may be subjected to pressure by any persons, then this minor should be interrogated, regardless of the fact that there are even older witnesses or victims.

The interrogation of a minor begins with the establishment of his age, which can be confirmed by the minor himself, his legal representative or documents. If the interrogated person has reached the age of 16, then he is warned about the responsibility for refusing to testify or giving false evidence. The credibility of testimony is checked by specifying, detailing the interrogation, comparing data with other evidence.

If a minor who has not reached the age of criminal responsibility participated in the commission of a crime, he should be convinced that he is not liable, since such a minor is afraid of responsibility, punishment for his deeds and therefore gives deliberately false testimony.

The victim remembers the circumstances of the crime better, since this is associated with increased feelings of this person, but the fear of being ridiculed or condemned by others predetermines fantasy and exaggeration when giving evidence.

The tactics of interrogating a suspect largely depend on whether it is obvious to the investigator that the person being interrogated has committed a crime or whether serious doubts arise. If this is obvious, then the investigator’s behavior should be more persistent, otherwise he should behave very carefully and prudently. This is explained by the fact that a teenager, whose psyche is usually more vulnerable than that of an adult, painfully experiences the injustice shown to him, is imbued with hatred of the investigator and most often withdraws. While the accused is speaking freely about the circumstances of the case, one should not interrupt him with clarifying questions.

In juvenile cases, it is necessary to take into account the possibility of self-incrimination, when a juvenile defendant tries to shield his accomplices or downplay their role. This kind of testimony should be compared with other materials of the case immediately during the interrogation. The actual interrogation of a minor suspect or accused cannot continue without interruption for more than 2 hours, and in total more than 4 hours a day.

In the interrogation of a minor suspect, the accused, a defense counsel participates, who has the right to ask him questions, and at the end of the interrogation to get acquainted with the protocol and make comments about the correctness of the entries made in it. The participation of the defender should not be regarded as a mere formality, but as the participation of an active representative.

Authors: Aleinikov A.G., Salova E.E.

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