Rights, Legal Interests and Obligations of Minors Participants in Criminal Proceedings
Year: 2024
Type: article
Abstract: Introduction: this article examines the legal support available to juvenile participants in criminal proceedings. The study is relevant in light of the gaps in the Russian criminal procedure legislation, which do not allow minors to fully protect their rights during criminal proceedings. Literature Review: a review of the literature was conducted, examining the scientific publications of N.V. Anisimova, U.N. Ahmedov, Y.A. Veshkurtseva, N.Y. Litvintseva, O.V. Ponomarenko, E.I. Sidorova, and O.A. Teplyakova. The study also considers the most significant empirical materials in the form of court decisions from various regions of Russia. Materials and Methods: the article's methodological foundation was established through the utilisation of a range of techniques, including formal legal, systemic structural, dialectical and empirical approaches. Results of the study demonstrate that an in-depth examination of the legal regulation of the procedural statuses of minors, including those of suspects, accused persons, victims and witnesses, is a crucial area of focus. The authors of the article have identified a deficiency in the level of data protection afforded to participants in criminal proceedings. It has been established that there is no possibility of involving the relatives of minors as legal representatives or of meeting with legal representatives before conducting an interrogation. Furthermore, the right to legal representation afforded to a minor as a witness or victim does not guarantee their representation. Consequently, the payment for the services of this participant does not relate to procedural costs. Additionally, a number of other expenses incurred by the victim throughout the criminal proceedings are not reimbursed. Some inconsistencies have been identified between the provisions of the criminal procedure legislation. Discussion and Conclusions: it is proposed that the amendments developed for Part 4 of Article 46, Part 4 of Article 47 and Part 4 of Article 92, Part 4 of Article 280 of the Code of Criminal Procedure of the Russian Federation be implemented, as well as that the provisions of paragraph 12 of Article 5 of the Code of Criminal Procedure of the Russian Federation be supplemented. It is anticipated that these measures will enhance the legal protection of minors in general and achieve a more equitable balance between the rights of minor witnesses and victims and those of suspects and accused.
Authors: Dmitriy Kuznecov, Ol'ga Kuz'mina
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405772303