Autor: Marian TRUȘCĂ
Publicat în: Revista Pro Lege nr. 2/2020
Disponibil online: aici
The need for a new approach in handling the investigation of cases involving the offenses against the sexual freedom and the integrity of juveniles
Abstract: The experience of recent years, as well as the findings of the European Court of Human Rights regarding several cases, require the adoption of new practices in investigating the cases of sexual assault on minors. Thus, a new approach is needed, especially in terms of the manner to conduct the hearing of the child victims, by using interview guides for this purpose, based on the results of the studies on the psychology of the juvenile, conducted during the recent years. The hearing must take into account the aspects related to the child’s development and the investigator’s expectations must be realistically formulated, in addition, the probative procedures specific to this type of case can be used. The manner of establishing the jurisdiction over the prosecution of offenses provided by Art. 218-222 of the Criminal Code, committed on minors, should also be re-examined.
Keywords: juvenile hearing, sexual assault, hearing guide, evidentiary proceedings
