Тактичні особливості участі захисника у допиті неповнолітньої особи на досудовому розслідуванні
Tactical features of the defense counsel’s participation in the interrogation of a minor in the pre-trial investigation

Summary/Abstract: The procedural powers of the juvenile’s defense counsel during the interrogation of the client, organizational measures and tactics of the lawyer’s participation in this investigative action are considered. The peculiarities of interrogation of a minor in criminal proceedings and involvement of a defense counsel are revealed. Recommendations for communication between the defense counsel and the juvenile during the first joint conversation and in preparation for the interrogation are given. The importance of establishing psychological contact between the defender and the juvenile client, maintaining mutual understanding between them during the interrogation of the teenager by the investigator is outlined. The optimal duration of breaks that the investigator can use during the interrogation of a minor, depending on his age, is analyzed. Recommendations are proposed for the defense counsel to request the investigator to conduct an interrogation in a certain place, which will have the least traumatic effect on the psychophysiological condition of the juvenile suspect. The notion of admissibility of tactics used by the defense counsel during the interrogation of a juvenile during asking him questions is analyzed. The types of questions asked to the interrogated juvenile and the requirements to them are considered. Emphasis was placed on the advantage of additional recording of the interrogation of a minor by means of audio-video recording, including in the conditions of the ‘green room’. It was concluded that it is necessary to introduce specialization of lawyers in working with minors to ensure proper protection of their rights in criminal proceedings.

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