What to investigate and prove in criminal proceedings involving a child

How can we effectively protect the interests of minors? Representatives of these professions advocates, judges and psychologists discussed their respective roles during a thematic webinar organized by the UNBA NextGen in the Kyiv and Odesa regions.

Retired judge Leonid Lichman advised first and foremost to verify that the defendant’s age has been correctly established. It is necessary to determine whether the child understands the language of the proceedings and the substance of the case, whether they can freely express their position, and whether they are under pressure from those present in the courtroom.

It is advisable to include in the case file information regarding the minor’s psychological maturity, ability to comprehend the consequences of their behavior, family environment, and the influence of others. This evidence should illustrate the circumstances under which the child became involved in criminal proceedings and the prospects for their rehabilitation without isolation from society.

As an example, L. Lichman cited a case in which the advocate requested that the minor be exempted from punishment and instead be subject to compulsory educational measures. The court denied the request. In the advocate’s opinion, the defense should have proposed alternative conditions that would demonstrate a change in the minor’s life.

Psychologist Olena Adamova called it a common mistake to view a child as a «little adult witness». Silence, contradictory answers, crying, or ostentatious indifference may arise due to stress. Evaluating these reactions based on adult behavioral models creates the risk of drawing false conclusions regarding the reliability of testimony.

The psychologist recommended beginning the first meeting by explaining the rules and the expected duration of the conversation. The child should know that they have the option to pause, refuse to answer, or say that they do not remember something. Questions about school, friends, or hobbies help reveal their typical behavior and reactions to complex topics.

Advocates should avoid leading questions, demands to precisely reconstruct the chronology of events, and legal jargon that the child does not understand. Repeating the same questions increases stress and may alter the wording of the answers.

If there are signs of a traumatic reaction, psychosomatic symptoms, influence from a parent, or prolonged or repeated abuse, O. Adamova recommended involving a psychologist. A psychologist helps understand the child’s reactions and assess their readiness for legal proceedings.

Advocate Ivanna Martsis pointed out that legal representatives may assess the case from their own perspective, so the defense advocate should separately ascertain the expectations of the minor client.

In the school bullying case she cited, the parents of the victimized boy insisted on a fair verdict and holding the perpetrator accountable. For the child, what mattered was an apology from the perpetrator, compensation, and protection from further violence. After speaking with the client, the advocate tailored her procedural strategy to these goals. Following the victim’s representative’s statement in court, the defendant and his father expressed their willingness to apologize and compensate for the harm.

I. Martsis advised that material damages be substantiated with documentation of medical treatment and examination costs. To substantiate emotional distress, a psychologist’s report describing the consequences suffered by the child would be appropriate.