Study on Children's Involvement in Judicial Proceedings

Study on Children's Involvement in Judicial Proceedings
Author :
Publisher :
Total Pages : 23
Release :
ISBN-10 : 9279334913
ISBN-13 : 9789279334917
Rating : 4/5 (13 Downloads)

Book Synopsis Study on Children's Involvement in Judicial Proceedings by :

Download or read book Study on Children's Involvement in Judicial Proceedings written by and published by . This book was released on 2014 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Code of Procedure (CCP) and the Criminal Code (CC) contain so-called deviated provisions, which provide for specific safeguards and rules applying to children between the ages of 12 and 18. However, where no specific rules exist, the criminal (procedure) rules for adults as stated in the CC and CCP also apply to children. In applying deviated provisions, where possible, the best interests of the child have to be the first matter of importance. A Juvenile Court Judge, who acts as an examining and trial Judge, is competent for criminal proceedings involving children between the ages of 12 and 18. The child suspect is considered a party in criminal proceedings and is obliged to appear at the court session. (S)he has the right to express his/her view at the hearing. In recent years victims, including child victims, have also had the possibility to speak during a public hearing.^In the Netherlands, only the prosecutor has the power to decide whether someone should be prosecuted. During judicial proceedings, children can be involved in a variety of ways. In principle, the general rules for victims also apply to children. This means that child victims have a right to information about the trial and a right to participate in proceedings by exercising their right to express their views about the consequences of the crime on their lives. A child victim can also participate in proceedings by asking the Public Prosecutor to mediate between the victim and the suspect for compensation for damages and by joining the criminal procedure as a third party (called the harmed party), with a civil claim for compensation for damages. In certain situations, there are specific regulations for child victims, such as the studio hearing which is a special interview method for children.^Child suspects have an active role during the hearing where the child can tell his/her side of the story. One or both parents of a child suspect must appear at the hearing. Contrary to child victims and suspects, witnesses do not enjoy a right to be heard or participate in the proceedings. They are only involved when necessary for the progress of the proceedings.


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