Problems of Forensic Sciences 2020 Vol. 124 (CXXIV) 187-209
THE CHILD AS A SUSPECT OR ACCUSED PERSON IN CRIMINAL PROCEEDINGS: THE PSYCHOLOGIST’S STANDPOINT
Agnieszka HAŚ, Tomasz RAJTAR
Institute of Forensic Research, Kraków, Poland
Streszczenie
This paper examines Directive 2016/800/EU, which, inspired by the principles of child-friendly justice in the Council of Europe guidelines, establishes procedural safeguards to ensure that children who are suspects or accused persons in criminal proceedings are able to understand and follow them and to exercise their right to a fair trial. It begins by setting out the Directive’s postulates, moves to a discussion of developmental psychology and closes with an account of the operation of the Directive in Polish legislation. Particular emphasis is placed on the passages in the Directive that call for children to have the right to an individual assessment, which should take particular note of the child’s personality and maturity, their economic, social and family background, including their living environment, and any specific vulnerabilities, such as learning disabilities and communication difficulties. At the heart of the paper lies a desire to stress the importance of including the developmental perspective. From the point of view of psychology, and notwithstanding the age boundaries prescribed in legislation, the children concerned are still children: they are emotionally and socially immature and so require special treatment.
Słowa kluczowe
Directive (EU) 2016/800; Rights of the child; Criminal proceedings; Child development, Directive 2016/800/EU in Polish legislation.