Forensic Support for the Investigation of Crimes Committed with the Participation of Minors
DOI:
https://doi.org/10.33270/05267202.2Abstract
Abstract. The article outlines the specifics of forensic support for the investigation of crimes committed with the participation of minors. It is substantiated that the participation of a child in criminal proceedings as a suspect, accused, victim, or witness is an independent forensically significant feature that affects the mechanism of the crime, the subject of evidence, the content of investigative situations, and the features of the application of special knowledge, technical means, and tactical techniques. It is determined that the forensic support in such proceedings should be comprehensive and include technical, tactical, and methodological forensic components. It is emphasized that all of them should comply with international standards of child-friendly justice and ensure the implementation of the principle of the best interests of the child. The main components of child-friendly justice are revealed, in particular, ensuring the best interests of the child, respect for his or her dignity and rights, adaptability of communication, specialization of participants in criminal proceedings, use of special tactical means, minimization of re-traumatization, and orientation towards resocialization. The peculiarities of the use of technical and forensic means in proceedings involving children are analyzed. These include audiovisual recording, remote communication, specially equipped premises, medical and psychological instruments, and interview protocols based on evidentiary practices. It is substantiated that their use should be aimed not only at collecting evidence but also at minimizing the child's contacts with the criminal justice system, preventing secondary victimization, and ensuring psychological safety. Special attention is paid to the tactical support of the investigation. The importance of special tactical techniques, tactical combinations, the participation of a psychologist, a teacher, a doctor, and a legal representative, as well as the use of the Barnahus model and the «green room» methodology, has been determined. It has been found that the modern methodological and forensic support of such proceedings is characterized by fragmentation, insufficient development of recommendations for working with a child witness, limited implementation of an interdisciplinary approach, and weak adaptation to digital forms of crime.
Keywords: minor; child; child-friendly justice; Barnahus; green room; technical and forensic means; tactical support; digital evidence; secondary victimization; legal representative; legal aid; evidence collection.
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