Przesłuchanie dziecka w polskim procesie karnym w świetle standardów europejskich

Abstract

The increase in awareness of the issue of child abuse is associated with increasing attentiveness to the worldwide protection of children’s rights in criminal proceedings, strengthening the position of a child that is the victim of a crime during criminal proceedings, protection of the child’s legitimate interests and prevention of secondary victimization by law enforcement agencies and the administration of justice. It is evidenced by international requirements and recommendations which the legislation of each country should meet. With reference to those actions, in recent years a wide-ranging policy has been adopted by European Union member states, including Poland, aimed at providing comprehensive protection to a child in the course of interrogation during criminal proceedings. European standards concerning the interrogation of children in criminal proceedings and safeguard of their legitimate interests are refl ected in Polish criminal procedure. Article 185 of the code of criminal procedure, serves as an expression of the concerns attached to children who are victims of a crime and the methods that are to be adopted when questioning them. Similarly, article 185b of the code, addresses the methods to be adopted when questioning children who are witness to a crime.