Viktor Bérces: Evidence in Criminal Proceedings
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Chapter IX. Evidence in the preparatory and investigative stages
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9.6. Special forms of investigation
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9.6.2. Investigation in juvenile proceedings

9.6.2. Investigation in juvenile proceedings

Jegyzet elhelyezéséhez, kérjük, lépj be.!

A juvenile is a person who has attained the age of twelve years at the time of the offence but has not attained the age of eighteen years.1 For this group of persons, the emphasis is particularly on decreasing the time limits for investigations, reflecting the legislator’s expectations that (1) investigating authorities should aim to deal with cases as quickly and accurately as possible and (2) the possibility of stigmatising the proceedings for the accused should be reduced as far as possible, thus promoting the resocialisation of persons of this age. Accordingly, the investigation must be completed within one year of the juvenile’s interview as a suspect if the juvenile is being prosecuted for an offence punishable by a custodial sentence of less than five years. For offences punishable by more serious penalties, this time limit may not be extended beyond two years from the date of the suspect’s interview.2

Jegyzet elhelyezéséhez, kérjük, lépj be.!

The role of the defender is particularly enhanced at this stage of the procedure, and his presence is therefore mandatory in all procedural acts requiring an effective (constructive) defence:3 such as the questioning of suspects, confrontation, presentation for identification, on-the-spot questioning, attempted evidence and measures of coercion with a judicial authorisation affecting personal liberty. In addition, the defender must be informed subsequently of any procedural act in which the juvenile was involved, if he or she was not present and was not notified.4 It should be noted that such cases should be excluded by law.

Jegyzet elhelyezéséhez, kérjük, lépj be.!

In the case of juvenile offenders, it is particularly important that the law enforcement authorities (investigating judge, court) have the possibility to deprive the person of his or her liberty (permanently) only within the narrowest possible scope. On this basis, arrest may be made only if the general conditions are met and only if the particular gravity of the offence makes it necessary.5 Although there is no clear case law on the assessment of gravity, in my view, such offences are “at least” offences punishable by a custodial sentence of 2 to 8 years.
1 § 678 (1) para.
2 § 687 (1)–(2) para.
3 I would note that the law would be at its most restrictive if it provided that only lawyers could act as defenders in the case of minors.
4 § 682 (1)–(2) para.
5 § 688 (1) para.
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