The prosecution of persons under the age of 18, i.e. before reaching the age of majority, and the consideration of criminal proceedings against such persons is carried out according to the general procedure, however, taking into account certain necessary features, which the lawyers of Bachynskyi and Partners JSC pay attention to when working with for the purpose of fair consideration of the case and protection of the client’s interests.
Minors can use additional guarantees established by Ukrainian legislation and international treaties.
PECULIARITIES OF BRINGING MINORS TO CRIMINAL RESPONSIBILITY
First of all, a minor suspect (accused) should be undeniably guaranteed and ensured his right to defense, by ensuring the mandatory participation of a defender, that is, a lawyer in court proceedings during the criminal proceedings against him.
The Law of Ukraine on Criminal Responsibility provides for the peculiarities of criminal responsibility and punishment of minors, which allows, when deciding on the prosecution of persons under the age of 18, to take into account the subtleties of their mental development, cultural upbringing, the reasons and conditions that contributed to the commission of criminal offenses, and appoint legal and just punishment.
It is worth remembering that the Law of Ukraine “On the Judiciary and the Status of Judges” provides a mandatory guarantee, namely that only a judge authorized by law to perform proceedings against minors.
Minority of a person who has committed a criminal offense is considered a circumstance that mitigates the punishment, therefore it must be taken into account when imposing a punishment, regardless of whether the person has reached the age of majority at the time of the proceedings.
The purpose of punishment for a criminal offense committed by a minor has significant differences, since in criminal proceedings against persons who have not reached the age of 18, their social rehabilitation and further correction comes first as the implementation of the principle of the best interests of the child.
Therefore, in criminal proceedings against a minor, it is worth paying attention to whether:
- the minor is the subject of committing a criminal offense;
- whether the mandatory participation of a lawyer has been observed;
- whether the judge is authorized to conduct proceedings against minors;
- whether guarantees are provided for minors, to persons who have reached the age of majority at the time of the case.
With these and a number of other questions, in particular regarding participation in investigative actions, providing consultations and legal support, you can contact the lawyers of Bachynskyi and Partners JSC, who have many years of experience in the field of protection of the interests of minors in criminal proceedings.