How are minor witnesses interrogated and what rights do they have?

The procedure for calling a minor for questioning

The investigator, inquiry officer or court office is obliged to officially invite the minor. A child or teenager can appear in only two roles in a subpoena: witness or suspect. Only if guilt is proven and the case is brought to court can he be considered as an accused.

A summons is an official document that is handed over to the child’s legal representatives by investigative authorities (Article 424 of the Code of Criminal Procedure of the Russian Federation). The following may represent the interests of a minor:

• parents, adoptive parents, trustees or guardians;
• management of specialized institutions (boarding schools, orphanages).

The summons is handed over to the teenager’s legal representatives in person or sent by registered mail. The document must contain the following information:

• Full name, position indicating the identification number of the person calling for questioning;
• an incident for which a minor is called;
• time and place of investigative activities.

The child’s legal representatives have the right to call the telephone number indicated in the summons and clarify all the information they are interested in.

Who participates in the interrogation of a minor?

The interrogation of a minor witness by an investigator in a criminal case must take place with the participation of his lawyer, as well as a psychologist or teacher if the child is under 16 years of age or suffers from a personality disorder.

If a child under 14 years of age is being interrogated, one of his parents or legal representatives is also allowed to be present during the interrogation. This is also permitted for older teenagers, but is not defined as a requirement.

The issue of parental participation in the interrogation of a minor witness is decided by the prosecutor or investigator supervising the case. Guardians must obtain special permission from government officials.

The investigator has the right to refuse the presence of the child’s legal representatives at the interrogation if they lead an immoral or asocial lifestyle.

Features of the interrogation

The interrogation of a minor is carried out in strict compliance with procedural rules. It is characterized by the following features:

• a wide range of participants (investigators, persons under investigation, legal representatives, teachers, psychologists, lawyers (Article 280 of the Code of Criminal Procedure of the Russian Federation));
• time limit – up to 2 hours in a row, up to 4 hours a day (clause 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation);
• mandatory video and audio recording of the procedure (clause 5 of Article 191 of the Code of Criminal Procedure of the Russian Federation);
• the presence of a defense representative - a lawyer (clause 2 of Article 425 of the Code of Criminal Procedure of the Russian Federation).

Features of interrogation with children and adolescents are determined by three aspects.

1. Unstable mental and emotional state, inability to adequately assess one’s behavior.
2. Insufficient concentration of attention for a long time.
3. Lack of knowledge about your rights, duties, and responsibilities.

The protocol of interrogation of a minor includes fields for the signatures of legal representatives, psychologists and teachers, and a defense attorney. And in the questionnaire part the column “Military duty” was excluded.

The child is not notified of liability for false testimony, since this occurs only at the age of 16 (Articles 307-308 of the Code of Criminal Procedure of the Russian Federation). He is simply asked to tell the truth.

During the meeting, audio and video materials must be recorded. This procedure can be waived at the request of the teenager or his representative. If they object to filming, then this fact is written down in the protocol and presented during court proceedings.

The procedure and features of interrogation of a minor

During the interrogation of a minor victim, according to the Code of Criminal Procedure of the Russian Federation, the investigator has the right to ask him questions regarding the case, but does not have the right to insult the child or try to influence him in any way in order to obtain information.

If the interrogation takes place in a courtroom, then any of the participants in the process may be removed to ensure maximum comfort for the teenager. After all, his fragile psyche cannot yet withstand the various psychological techniques of adults. This is another feature of the interrogation of a minor victim and witness.

The interrogation itself must be filmed, but at the request of the child himself or his representative, this may not be done.

At the end of the entire procedure, the citizen and his lawyer have the right to read the protocol of interrogation of the minor suspect.

Duration of interrogation

The time of interrogation of a minor cannot exceed that established by Art. 425 of the Code of Criminal Procedure of the Russian Federation, since adolescents are still at the stage of physical and psychological development of the individual, which means that too long an interrogation can harm their psyche or tire them too much.

Thus, interrogation without a break cannot exceed 2 hours, and with pauses - 4 hours. 15–20 minutes before the end of the entire procedure, the investigator should finish interviewing the teenager and allow him and his representatives to familiarize themselves with the protocol records.

A psychologist or teacher who was present also has the right to read the protocol of interrogation of a minor witness

Interrogation tactics

When conducting it, the investigator must refrain from using rude words or any psychological tricks towards the child . He is obliged to take into account his age characteristics, the circumstances of his life and psychological characteristics.

An investigative officer must clearly and objectively evaluate the child’s words. After all, children tend to invent or figure out things themselves. On the other hand, they perceive reality quite vividly, so their interrogations are carried out almost immediately after the incident.

The investigator also needs to clearly know the psychological characteristics of interrogating minors. For example, these include the child’s rapid fatigue and the inability to concentrate for a long time.

Location

To ensure that children aged 6-14 years do not feel frightened or oppressed in an unusual official environment, they are usually interrogated in a familiar and familiar environment:

• Houses;
• At school;
• in children's institutions.

For teenagers aged 15-17 years, the official environment is, on the contrary, favorable: they feel a higher degree of responsibility for their testimony.

The behavior of the investigator plays an important role: he must act friendly, calm, confident, firm, and benevolent. Children should be given short breaks regularly.

Duration of interrogation

Unlike adults, minors can participate in interrogation for a strictly limited time, since it requires mental stress.
During interrogation, the attention of children and adolescents gradually loses concentration and disperses. They become inattentive, which affects the reliability of the testimony. There are restrictions on the time of investigation with children under 16 years of age, which depend on the age of the interrogated (clause 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation):

• up to 7 years – up to 30 minutes without a break, up to 1 hour per day;
• 7-14 years – up to 60 minutes without a break, up to 2 hours a day;
• 14-16 years old – up to 2 hours without a break, up to 4 hours a day.

If a witness or suspect is over 16 years old, but has mental disabilities or is developmentally delayed, then he is also interrogated for no more than 2 hours without a break and no more than 4 hours a day (Clause 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation).

At his own discretion, the investigator or interrogating officer has the right to introduce short breaks not regulated by law, taking into account the age, mental and emotional state, and behavioral characteristics of the children.

Time for questioning a minor witness

For adult witnesses and victims, the duration of interrogation is limited only to a working day, with mandatory breaks for rest. The law contains strict time limits for procedural activities involving children. The time for questioning a minor witness depends on his age:

• until the child is 7 years old, he can testify for no more than 30 minutes at a time, and the total duration of interrogation cannot exceed 1 hour;
• for a child aged 7 to 14 years, the period of continuous testimony does not exceed 1 hour, and the total duration - no more than 2 hours per day;
• For minor witnesses over 14 years of age, such restrictions are less stringent - continuous questioning is allowed for 2 hours, and the daily limit for giving evidence will be 4 hours a day.

Note!

The investigator is responsible for compliance with the law regarding the time frame of the interrogation. Other persons participating in the testimony have the right to file objections if the maximum time threshold is exceeded.

The time of continuous or daily interrogation is noted in the procedural protocol. If the date of the testimony continues the next day, the interrogation time is not added to the previous day and begins to run again.

Who is eligible to attend

The following are required to take part in investigative actions against persons under 16 years of age (Article 425 of the Code of Criminal Procedure of the Russian Federation):

• defender – asks questions to the minor, monitors compliance with the rules of investigative actions, gets acquainted with the protocol, and, if necessary, defends the interests of the teenager;
• a teacher or psychologist accompanies the child, can ask questions, and get acquainted with the protocol.

Legal representatives - parents or guardians are present due to the children's lack of full legal capacity on their own initiative or at the invitation of the investigator.

It is worth adding that similar rules apply to interrogations of citizens 16-18 years old with mental disabilities or developmental delays.

Participation of a teacher, psychologist and legal representatives

Criminal procedural law assigns a role to each interrogation participant. So, if a defender and a psychologist are necessarily invited to investigative activities, then parents and guardians participate in them optionally.

Legal representatives

Legal representatives may be present at investigative activities: parents, guardians, trustees, adoptive parents or management of boarding schools and orphanages. If the child does not have any, then the investigator can invite employees of the guardianship authorities (Article 425 of the Code of Criminal Procedure of the Russian Federation).

The participation of a legal representative is an optional condition (clause 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation). If his presence interferes with investigative actions, then the investigator has the right to prohibit the parent and guardian from appearing at the confrontation. However, in this case, another representative is invited (part 4 of article 426, part 2 of article 428 of the Code of Criminal Procedure of the Russian Federation). For example, a guardianship officer.

Psychologist or teacher

Although criminal procedural law requires the participation of a psychologist or teacher in the interrogation (Part 1 of Article 191 of the Code of Criminal Procedure of the Russian Federation). However, the law contains a clarification: three categories of persons are interrogated exclusively in the presence of a person with psychological education (clause 4 of Article 191 of the Code of Criminal Procedure of the Russian Federation):

1. Children under 16 years old.
2. Citizens 16-18 years old with mental disorders and developmental disabilities.
3. Persons of any age in the case of crimes against sexual integrity.

Participation in investigative actions of a teacher is provided at the discretion of the investigator and at his invitation.

Defender

A qualified lawyer is a mandatory participant in interrogation activities if the witness or suspect is a minor (Clause 1 of Article 51 of the Code of Criminal Procedure of the Russian Federation). His presence is justified by the fact that teenagers, due to psychological immaturity and lack of legal knowledge, will not be able to independently defend their rights and legitimate interests.

A lawyer has several responsibilities:

• monitoring compliance with the rules of the inquiry process;
• protection of the rights and interests of children and adolescents within the framework of investigative actions;
• familiarization and signing of the protocol.

The defense attorney has the right to ask questions to the minor and his representatives and to identify errors in the work of the prosecution authorities.

Children are witnesses. Child as a witness.

There are often cases when lawyers, in order to prove the client’s case, have to turn to children who have seen or heard something. But such witnesses are not considered reliable. In addition, Russian legislation has special articles concerning minor witnesses.
Attention! Legal provisions may change and be supplemented.
If you are unsure that you are using the most up-to-date information, it is advisable to obtain legal advice before making decisions. On our website, the first consultation is provided free of charge. Measure of responsibility

A competent lawyer will help participants in the process understand the peculiarities of interrogating minors or minor witnesses.

1. If a person is under 16 years of age, a citizen at this age cannot bear criminal liability in the event that:

• his testimony is false;
• he refuses to testify.

2. The judge can only point out to him the moral requirements to tell the truth to the court. Ordinary witnesses are warned about responsibility, but there is no point in warning people under 16 years of age about this. And for other crimes, the law establishes much more lenient punishments for citizens of this age.

3. A teacher must be present next to a witness under 14 years of age. If the court finds that a minor citizen under 16 years of age has a weak psyche or is not morally strong, a teacher must also be with him. Also, if necessary, call:

• parents;
• adoptive parents;
• trustees;
• guardians.

4. These citizens, who are directly related to such a witness, have the right to ask him clarifying questions, but with the permission of the presiding officer.

Why is a minor witness silent or lying?

Sometimes an adult may intentionally or unwittingly influence a minor witness. Sometimes, the mere presence of an adult interested in the specific outcome of the case in the courtroom is enough for a minor witness to:

• fell silent;
• started lying;
• lost my mind;
• scared.

Such influence on a minor must be eliminated. Then the lawyer defending the interests of the party that brought this witness will ask the court to urgently remove such an adult from the courtroom.

However, a citizen who was able to in any way influence the veracity of the testimony of a minor witness will be returned to the courtroom after he has given his testimony. Moreover, he, being a participant in the process, will be able to ask questions to this witness.

When the interrogation of a person under the age of sixteen is completed, he will be able to leave the room. However, a certain situation may arise when the court will still need this witness. Then the court considers his presence in the courtroom necessary (Article 173 of the Code of Civil Procedure of the Russian Federation).

It is very important for the court to determine whether the minor witness is really talking about what he saw personally, or whether someone told him about events of interest to the court. In addition, the information conveyed by a witness from hearsay may be distorted by another person. Then this person will also need to be called to testify.

In other situations, a witness, especially a minor, having heard someone else's conversation, could misunderstand its essence or not hear something. Therefore, the lawyer involved will help the court pay attention to how the witness recorded these events, that is, how they:

• formed;
• preserved;
• were transmitted.

Sons and daughters

Close people may refuse to testify against each other. But children are not fully aware of either the level of responsibility or their rights. This is especially true in civil cases where parents are divorcing and their children are brought in to testify against each other.

The judge needs to take into account that such witnesses may initially be biased against the father or mother. They are also greatly influenced by their grandparents. Young children can “forget” all the good things that one of their parents did to them, and remember something bad. Moreover, develop the topic of a specific negative fact as a global attitude towards oneself.

In such cases, an ordinary teacher will not help the court to correctly question the witness. We need a competent psychologist. A lawyer will help you attract such a specialist and understand the question of whether one of the parents could really harm the child.

Silent Witnesses

This applies to children who have witnessed a crime. Very often they do not want to talk about what they saw. They are in a state close to prolonged shock. And if the client is interested in the child telling the terrible truth in court, the lawyer who assists him must ask the court to refer such a child for examination to a child psychiatrist.

It is quite possible that the child should take the place not of a witness, but of a victim. This is especially true in cases involving serious crimes, including pedophilia. It is very difficult for a minor to claim in court that he was abused in this way. In the end, he can join the process, but at the same time claim that the crime in question was committed against someone other than him.

"Dreamer" Witnesses

Such children most often want to attract attention to themselves. They invent that they saw the criminal, describe him, and “reveal” all the circumstances of the case. Afterwards it turns out that the events resemble the plot of a film or book.

And there are young witnesses who, by nature, are pathological liars. Almost every word they say is a lie. And not necessarily for your own benefit. Just lies for the sake of lies. They don’t understand any other way of communication, and they make up circumstances on the fly.

And yet, at what age can a child become a witness?

Neither the Code of Civil Procedure nor the Code of Criminal Procedure of the Russian Federation provides an answer to this question. There are only categories of minor witnesses:

• 14 – 16 years old;
• up to 14 years old;
• up to 16 years old;
• up to 18 years old.

Therefore, if your child is called as a witness in court, or you want him to testify, then you need to consult with a lawyer. A qualified specialist is well versed in all the intricacies of Articles 179 of the Code of Civil Procedure and 280 of the Code of Criminal Procedure concerning the specifics of interrogating minor witnesses and victims. In addition, it will help “sift the children's story through the sieve of truth.”

Our lawyers provide advice and legal assistance throughout Russia - seven days a week, and in Moscow and St. Petersburg we work around the clock. Ask your questions through online consultation forms or call by phone in Moscow or by phone in St. Petersburg.

Rights of a minor's representative

During the interrogation of a minor, the legal representative has the same rights as the interrogated person. He takes over the legal capacity of the child. The basic rights of a legal representative include:

• presence at interrogations;
• familiarization with the protocols of all investigative activities;
• studying the decision on the application of measures against the child;
• participation in any investigative actions with a minor.

A parent or guardian has the right to control the progress of the interrogation, compliance with its rules, and the fulfillment of the rights and obligations of participants in the process. He can reveal the pressure on the interrogated person from the investigator, prosecutor, lawyer and petition for unreliable results of the interrogation.

At the same time, the court and investigator may not allow a parent or guardian to participate in events if their actions harm the interests of their ward (clause 11 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 1, 2011 No. 1). The reasons for this decision may also be:

• refusal to fulfill responsibilities for raising a child;
• their improper implementation;
• ignoring the stages of the investigative process (appearing in court or before an investigator);
• obstructing the investigation;
• abuse of the position of a trustee (coercion to give false testimony, blackmail, threats, etc.).

If the legal representative was notified of the need to appear at investigative measures, but he did not come, the interrogation is carried out without him.

Guardians and parents can play the role of defenders (Article 72 of the Code of Criminal Procedure of the Russian Federation). However, this does not exclude the mandatory participation of a qualified lawyer in the investigative process (Clause 2, Article 49 of the Code of Criminal Procedure of the Russian Federation).