A minor victim in criminal proceedings

Participation of a minor victim in court proceedings

The involvement of a minor victim in court proceedings is ensured in a special, child-friendly manner, taking into account the victim’s age, psychological needs, and safety.

Rights of a minor victim (Articles 97 and 99 of the Criminal Procedure Law)

A minor victim has all the general rights of a victim, as well as special protection rights:

• the right to be questioned in a special, child-friendly manner;
• the right to have a psychologist or educator present during questioning;
• the right not to be subjected to actions that may cause additional emotional trauma;
• the right to receive protective measures against potential influence or threats;
• the right to be informed about the progress of the proceedings (through a legal representative).

1. Duties of a Minor Victim

(Article 98 of the Criminal Procedure Law — also applicable to minors, with the assistance of an intermediary)

The duties of a minor are carried out through a legal representative. These include:

• the duty to appear when summoned,
• providing truthful information,
• and complying with procedural rules.

Obligations are imposed on the minor only to the extent appropriate to their age and capacity.

1. Representation (Articles 104–108, 99 of the CPL)

Minor victims are represented by:

• a legal representative (parent, guardian), and/or
• an attorney.

If the legal representative could harm the child’s interests, the presiding judge shall appoint a special guardian or another suitable representative.

1. Participation in procedural actions (Articles 137, 139–155 of the Criminal Procedure Law)

Procedural actions involving a minor victim are conducted with due regard to the child’s age and psychological needs, including:

• the questioning takes place in a special room, for a short period of time, and at a pace suitable for the child;
• a psychologist or educator participates in the questioning;
• the child may not be confronted with the suspect if this could traumatize them;
• the child’s participation in other procedures (examinations, expert assessments, etc.) takes place only if necessary and in the least intrusive manner possible;
• video-recorded testimony may be used so that the child does not have to testify repeatedly.