Art. 191 of the Code of Criminal Procedure with commentaries
In practice, it sometimes happens that a witnessor the victim in the criminal case is a person who is not yet 18 years old. For this reason, all investigative actions with adolescents should be conducted only in the presence of a psychologist and an educator. Especially it concerns those cases when the child who is a witness or a victim in the case has not turned sixteen. In addition, during procedural conversation, as well as other investigative measures, his legal representative has the right to attend. The time during which these actions are carried out, in which the teenager participates, is also limited by law. More details about this will be written in this article.
What you need to know
In the event that in investigative measuresa minor witness and a victim who is not sixteen years old, then there must also be a teacher or a psychologist. This is stated in the law in Art. 191 of the Code of Criminal Procedure.
It should also be noted that the teenagersixteen years old, lagging behind in development, should be invited to the investigative measure only with the teacher. Nevertheless, in practice this is extremely rare. Because the norm of Art. 191 of the Code of Criminal Procedure states that at the time of the investigation with a minor who has reached the specified age, the teacher is invited only at the discretion of the law enforcement official himself.
Definitely, it is limited by the law. After all, juvenile witnesses and victims get tired much faster than adults. Moreover, they should not be subjected to prolonged psychological influence on the part of the investigator.
Therefore, the time period for carrying out procedural measures involving minors is strictly defined by Art. 191 of the Code of Criminal Procedure, namely:
- Investigative actions with a child who is not seven years old can not be spent more than 30 minutes; if with a break, then more than an hour.
- Process conversation, identification, reconciliationtestimony with a witness, victims, under 14 years old, must be carried out within 60 minutes, the maximum time for carrying out these actions is two hours.
- Investigative actions with a teenager over fourteen years of age can be held for two, maximum four hours (if a break was made for rest and eating).
In addition, it should be noted that whencarrying out of the specified actions with participation of the witness and the victim who is not 18 years old, his representative (the person who is considered as such under the law) is entitled to attend.
In the event that a witness or victimThe case is a teenager who is not sixteen years old, then the latter will not answer under the law for reporting false information to the investigation. Therefore, he is not warned of responsibility under Article 307 of the Code of Atrocities.
Nevertheless, a law enforcement officerTells the teenager that it is necessary to speak only the truth. This is written in Art. 191 of the Code of Criminal Procedure. After all, false information can harm an innocent person who has not committed atrocities.
In practice, there are different situations,therefore even the legal representative of the child participating in the investigative measure can not always attend the procedural conversation. This may be due to the fact that being at the interrogation of this person is contrary to the interests of a small citizen. The teenager will not be able to concentrate well or tell the actual circumstances of the committed atrocity. In addition, very often it happens that during a procedural conversation with a law enforcement officer the child reports that his legal representative intimidates him or commits other unlawful acts against him.
In such a situation, the investigator should inviteto question another adult who is a relative, guardian, guardian of a minor victim or witness. This rule is fixed in Art. 191 of the Code of Criminal Procedure in a new version.
Before starting a procedural interview witha minor law enforcement officer explains his rights. In addition, the investigator must find out whether the minor owns the state language, whether he needs help from an interpreter. It should also be remembered that a survey of a teenager who is not 16 years old is conducted only in the presence of a pedagogical worker or a psychologist. This is written in part 1 of Art. 191 of the Code of Criminal Procedure.
In addition, during a procedural conversation with a witness or victims who have not reached the age of majority, one of his parents, a guardian, a trustee is entitled to stay.
The law enforcement officer himself choosestactics of carrying out a procedural conversation with a teenager. But the investigator should not exert psychological pressure on the minor, and also ask him leading questions.
Where is the
As a rule, procedural conversation is carried outin law enforcement bodies. Nevertheless, if necessary, the investigator can conduct a survey in the place where the minor witness or victim is. The teenager is summoned for procedural conversation with the help of a summons, which is handed to the latter personally only if he is 16 years old. Otherwise, the minor witness, as well as the victim, are invited to the survey through people who are their representatives by law, or through the administration at the place of educational or official activity.
Procedural conversation with adult citizens is notcan continue without a break for more than four hours. Interrogation of a teenager who is already sixteen years old can also not exceed a total of this period of time. These rules are fixed in Art. 187, 191 of the Code of Criminal Procedure.
During the procedural conversationthe investigator shall draw up a protocol in which all the testimony, the data of the interrogated person, are recorded. After the interview is over, the law enforcement officer sends the document for review to the person who answered his questions.
After an underage witness orthe victim will put his signature on the protocol, the same will be necessary for his legal representative or teacher if the latter is present during the investigation. This is the law. It should also be noted that all persons who take part in the investigative measure must sign in the procedural document. If his lawyer was at the interrogation of a minor witness, he has the right to make observations to the investigator after the end of the conversation, and this must be recorded in the record. These rules are prescribed in art. 189, 190, 191 of the Code of Criminal Procedure of the Russian Federation.
Invited by a police officerthe implementation of investigative measures with adolescents who are victims and witnesses in cases of violation of the sexual inviolability of underage citizens.
The participation of a psychologist is necessary here also in the event that a small citizen is not 16 years old, and also if he has reached this age, but has deviations in development.
Part 5 of Art. 191 of the Code of Criminal Procedure
When conducting investigative activities withparticipation of minors - a witness and a victim, film shooting or video recording is mandatory. But if the interrogated or their legal representatives are against this, then these actions are not carried out.
Procedural activities involving a witnessor the victim who has not attained the age of 16, are carried out only in the presence of a pedagogical worker or psychologist. This is written in Art. 191 of the Code of Criminal Procedure. With comments to it you can not disagree. After all, people who have not reached adulthood can not independently make certain decisions, as well as completely dispose of their rights. In addition, their legal representatives can also participate in the procedural event. This is necessary to ensure that the minor victim, as well as the witness feel more comfortable and confident at the time of communication with the investigator.
It should also be noted that small citizensup to the age of sixteen are not warned by the law enforcement officer about the responsibility for communicating untruthful statements to the official. Because they have not reached the age when the law is responsible for this. The investigator simply informs the adolescents that they need only speak the truth.