CURRENT ISSUES OF THE CASE LAW WHILE EVALUATING THE EVIDENCES ADDUCED BY THE WITNESSES WHO ARE CHILDREN IN THE CRIMINAL PROCEEDINGS
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Abstract
The children who are the participants of the criminal proceedings, i.e., persons under the age of 18, regarding their insufficient physical, mental, social and cognitive maturity do not only stand out by a greater need for protection from the injurious proceedings but also by the particular specificity related to the procedure of the evaluation of evidences adduced by children. Therefore, the paper analyses the case
law of the Supreme Court of Lithuania related to the evaluation of evidences adduced by children. In compliance with the case law the evidences adduced by children are evaluated by formal and substantive aspects. The formal aspect related to the evaluation of evidences adduced by children deals with the fact whether the evidences adduced by children have been collected legally – neither infringing the requirements listed in the criminal procedure law of the Republic of Lithuania nor restricting the suspected (accused) person’s right for a proper defence as well as impartial criminal proceedings. Having analysed the case law, the conclusion is to be drawn that in the courts there are lower requirements regarding the reliability aspect which are to be met by children rather than by adults. The contradictions present in the evidences adduced by children are justified because of the peculiarities related to the children’s age as well as experience.
law of the Supreme Court of Lithuania related to the evaluation of evidences adduced by children. In compliance with the case law the evidences adduced by children are evaluated by formal and substantive aspects. The formal aspect related to the evaluation of evidences adduced by children deals with the fact whether the evidences adduced by children have been collected legally – neither infringing the requirements listed in the criminal procedure law of the Republic of Lithuania nor restricting the suspected (accused) person’s right for a proper defence as well as impartial criminal proceedings. Having analysed the case law, the conclusion is to be drawn that in the courts there are lower requirements regarding the reliability aspect which are to be met by children rather than by adults. The contradictions present in the evidences adduced by children are justified because of the peculiarities related to the children’s age as well as experience.
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Please see Copyright and Licence Agreement for further details.
