Показания несовершеннолетних, актуальные проблемы уголовно-процессуального законодательства [Articol]

Abstract

Undoubtedly, statements represent the primary source of information for the judicial authorities in the criminal process. Beyond the risks associated with this means of evidence, and the criticisms highlighted over time in the specialized literature, we cannot overlook the fact that obtaining statements automatically involves involving the individual in the criminal process, with the ensuing consequences. Therefore, in addition to the interest of the judicial authorities in administering evidence, the interest of the individuals to be interviewed also comes into play from this perspective. Given the special circumstances of certain individuals who may be interviewed in the criminal process, such as age, health status, and, last but not least, the impact of the crime, the legislator is constantly seeking legislative solutions that, on the one hand, would ensure the efficient administration of evidence and, on the other hand, would avoid subjecting these individuals to harmful consequences due to the statements they make in the criminal process.