Protection of a Minor Victim Against Repeated Questioning According to the Court Jurisdiction
Protection of a Minor Victim Against Repeated Questioning According to the Court Jurisdiction

Summary/Abstract: The aim of this article is to analyse the jurisdiction of the Supreme Court and common courts of law on applicationof the principle of a single questioning of a child victim of a crime as expressed in Article 185a of the Code of Criminal Procedure,which guarantees the protection of a minor from the negative consequences when he/she has to participate in the activityagain. The Ratio Legis of Article 185a implemented into the Code of Criminal Procedure by the amendment of 10 January 2003,as amended by the Act of 3 June 2005 and the Act of 13 June 2013 , is to provide the most favourable conditions for the childvictim to testify easily, to minimise the stress caused by the questioning and to protect against secondary victimisation, i.e.re-victimisation resulting from repeated questioning during the entire proceedings. Indeed, there is not the slightest doubt thatrepeated questioning can be a significant contributor to the child’s experiencing again, often unnecessarily, acute and painfulmemories. The need to protect children has not only been recognised by the legislator, but is also kept in mind by courts which ruleon cases involving a minor victim of crime.The analysis of the jurisdiction of the courts leads to the conclusion that the representatives of the judicature recognisethe necessity to protect a minor victim from repeated questioning, recognizing that the regulation of Article 185a of the Codeof Criminal Procedure is a norm of a guarantee nature and protects the rights of the accused only to the extent in which theserights do not harm the legitimate interest of the victim. This acquires particular importance when the child becomes a victim, whogenerally cannot defend his or her rights independently.

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