ABOUT SOME QUESTIONS OF AN UNDERAGE SUSPECT REPRESENTATION
Journal Title: Правовий часопис Донбасу - Year 2018, Vol 62, Issue 1
Abstract
The article examines questions of representation of an underage people in criminal trial. The psychological features of the underage personality are studied; the causes and conditions that contribute to the commis- sion of criminal offenses among adolescents are analyzed. The study indicates the specifics of the criminal process during the investigation of crimes committed by underage people and additional guarantees for the protection of their rights and legitimate interests. National and international legislation which regulates the rules of criminal proceedings in cases of unde- rage people is analyzed. The focus is on the rights granted to an underage suspect during criminal proceed- ings. The circumstances of compulsory provision of a lawyer and legal representative to an underage per- son who has committed a criminal offense are considered. The problems of participation of a legal repre- sentative of an underage suspect in criminal proceedings are analyzed. It is concluded that the participa- tion of the legal representative is psychological support for the child, therefore the choice of the person who will represent the rights and interests of the child in law enforcement agencies and the court must be granted to the underage suspect. The problematic issues of the participation of the underage suspect’s law- yer during the protection of his rights are examined. Attention is given to the negative moments of the law- yer's participation in criminal cases of adolescents, especially where lawyers work for free. The sentences of the national courts in criminal proceedings against juveniles who have committed a criminal offense are analyzed. There have been cases of improper performance by lawyers of their professional obligations in juvenile suspects’ rights protection. It is proposed to make additions to the Criminal Procedural Code of Ukraine that will significantly improve the provision of the rights to be protected to children who fall into the sphere of criminal justice.
Authors and Affiliations
Olga Babenko
Keywords
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