Published: 2018-11-16

The Role of Persons Participating in the Hearing of a Juvenile Victim under Art. 185a of the Polish Code of Criminal Procedure

Katarzyna Osiak
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2018.18.3.04

Abstract

Art. 185a of the Polish Code of Criminal Procedure has introduced a special institution into the Polish legal order for the hearing of a child to provide greater protection for juvenile victims against secondary victimisation. One of the most important aspects of this regulation is the issue of persons who may take part in the hearing of a juvenile victim. At first sight it may seem that it does not matter who participates in such a hearing. However, practice shows that there are limits to who may participate, and this applies chiefly to the suspect/accused. In addition, every person whom the law allows to be present during the hearing of a child has specific tasks, duties and rights. In the article I describe a dispute which has cropped up between lawyers, especially judges and psychologists, on who should question the child to obtain as much information from the child as possible without exposing it to secondary victimisation. I refer to statements made by experts on the doctrine and on the jurisprudence regarding this issue.

Keywords:

hearing (interview), victim, child, probation ofcer, expert psychologist, secondary victimisation, interrogation room, statutory representative.

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Citation rules

Osiak, K. (2018). The Role of Persons Participating in the Hearing of a Juvenile Victim under Art. 185a of the Polish Code of Criminal Procedure. Zeszyty Prawnicze, 18(3), 87–113. https://doi.org/10.21697/zp.2018.18.3.04

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