By virtue of the legislative amendments passed by Parliament on Monday, children will receive particular attention and will enjoy protection and privileged treatment in every phase of the administration of justice. The legislative package treats underage crime victims and underage witnesses as a particular priority in order to ensure that the proceedings conducted as part of the administration of justice should not add to the trauma suffered.

Every year, thousands of children come into contact with the administration of justice, whether as witnesses, victims or perpetrators. Last year, more than 15 thousand offences were committed to the injury of children and underage young people, while more than 6,000 offences were committed that involved children under the age of 14. If children’s needs are disregarded and their rights are not sufficiently observed in the course of the proceedings, they will only add to the trauma suffered and will increase the chances of these children repeatedly becoming victims.

According to the law passed by Parliament, the range of offences that do not expire until the injured person completes the age of 23 years, in contrast to the general period of limitation, will increase. This is necessary because, in the case of offences committed against underage persons, very often years may elapse, after coming of age, before the victim gathers the courage to speak about what happened in the past.

The endangerment of a minor’s emotional development will be a new factual case. According to the amendment, a person who induces a minor not having completed the age of fourteen years or an individual who is otherwise unable to manifest his will to commit suicide will be held accountable as the perpetrator of the crime of homicide. Heavier sentences will also be handed down to anyone having completed the age of eighteen years as part of the crime of involvement in suicide who provides assistance of any kind for a person under the age of eighteen with committing suicide.

Most of the amendments will also be incorporated into the Criminal Code in force at present, and these will therefore be applicable in a month’s time in the interest of the increased protection of children under criminal law. Naturally, the new Penal Code entering into force next summer, that is already being debated by Parliament, will also adopt these provisions passed for the protection of children.

At the same time, in the interest of the better enforcement of children’s rights and interests, the conditions of ordering closed hearings in civil lawsuits will also change. Based on the new regulations, the court may, with a view to a minor’s protection, bar the public from a part or the entirety of the hearing.

Minors must receive specific information tailored to their state of development, and children must be informed or warned upon being heard in lawsuits in a way that is suited to their age and stage of maturity. This is in harmony with the New York Convention on the Rights of the Child, based on which children must be given the opportunity to be heard on all issues that concern them and any opinion voiced by children must be taken into consideration with regard to the child’s state of development and age.

Based on the new rules, minors will receive a special information leaflet designed for children in conjunction with summonses issued in both civil and criminal lawsuits. Additionally, judges have an increased obligation of providing information in connection with the hearing of minors in lawsuits.

The legislative package on the child-friendly administration of justice forms part of the Year of Child-Friendly Administration of Justice launched by the Ministry of Public Administration and Justice. The Government is committed to the wider enforcement and reinforcement of children’s rights and regards the enforcement of children’s interests as a priority duty also in the area of the administration of justice.

(Ministry of Public Administration and Justice)