Features of questioning children under 7 years

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Abstract


The article deals with some aspects of the interrogation of children under 7 years. According to forensic and investigative practice, when deciding whether to prosecute and conviction by the court for committing these crimes, a great influence on the investigators and judges have the testimony of child victims, who are the cornerstone of the prosecution. For using the information received from a minor as an evidence in court, it should only be obtained in the process of interrogation, with a corresponding registration of the protocol. At the same time not only investigator but also child’s legal representative, a psychologist and educator have to take part in process of investigative action. The article concludes that the peculiarity of the interrogation of minors is not to premature assess the validity of received information but to help getting the most comprehensive, accurate information by the methods and techniques that consider characteristics of the child. This article discusses the methods that are no so far widespread, although they are based on practical experience, and their effectiveness is confirmed by studies conducted in the investigation of grievous and extremely grievous crimes in the Russian Federation. The main recommendations for the organization of such investigative actions are formulated in accordance with the child’s cognitive development. Carrying out monographic studies on this subject would give a hand to employees in the investigative units, prosecutors, investigators, and it would be useful for students, teachers, scientists, representatives of law schools, as well as people who are interested in the issues of criminology and psychology. Taking into consideration that the process of obtaining information from an interrogee is based on objective laws of psychology and criminology, it seems that the findings can be used not only in the practice of Russian law enforcement agencies but also in other countries.

About the authors

L V Bertovsky

Peoples’ Friendship University of Russia

Email: ugolovnoe_pravo@list.ru
The Department of Criminal Law and Procedure Law Institute

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