site.btaCases of Offences Committed by Minors to Be Examined under Revised Rules

The National Assembly on Friday passed conclusively revisions to the Criminal Procedure Code laying down special rules on the examination of cases of criminal offences committed by minors.

So far, the pretrial proceedings in such cases were conducted by special, expressly trained investigating authorities. Eligible to do so now will also be prosecutors specially trained in the area of the rights of the child or with access to specialized training.

A minor who is an accused party is entitled to have a parent, guardian or another person taking care of them by law to obtain full information about the minor's rights in the criminal procedure, to be accompanied by such a person during the court hearings, and to be given a medical check-up upon detention.

Just as before, detention in custody will be ordered in exceptional cases. According to Friday's revisions, the prosecutor will arrange for the minor to be presented in court immediately, and a prosecutor may order the accused's detention for up to 48 hours so as to secure their appearance in court.

Detention in custody in pretrial proceedings may last for a maximum of five months if the person is charged with a serious intentional offence but may exceed one month if the charge is for an offence punishable by at least 15 years' imprisonment or another severer penal sanction. In all other cases, a minor may not be detained in custody for longer than two months.