Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Il-Litwanja

Smigħ ta' tfal (705)

1. MEASURE IMPLEMENTATION

Il-Litwanja

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. Specific rules for the hearing of juvenile (persons under 18 years of age) witnesses are established in order to protect their rights and to avoid undesirable psychical influence on them. A witness or a victim younger than eighteen years old is usually questioned not more than once during pre-trial investigation. In case a repeated questioning of a witness or victim who is younger than eighteen years old is necessary during pre-trial investigation, they are usually questioned by the same person. Their questioning may be video and audio recorded. In case a suspect or his/her defence counsel takes part in the questioning of a witness or victim who is younger than eighteen years old, the pre-trial judge must ensure that such witness or victim does not sustain any unlawful impact. A witness or victim who is younger than eighteen years old is summoned to the trial hearing only in exceptional cases. If a suspect is likely to influence a witness or victim who is younger than eighteen years old, the pre-trial judge renders a ruling not to allow the suspect to take part in the questioning. In such a case, questioning must be video and audio recorded. The representative of a witness or victim who is younger than eighteen years old has the right to take part in his/her questioning. On the initiative of participants in the proceedings or of a pre-trial investigation officer, a prosecutor or a pre-trial investigation judge, a representative from the state institution of the child's rights protection or a psychologist must be called to attend the questioning of a witness or a victim younger than eighteen years old to help question the minor taking into account his/her social and psychological maturity.

2. LEGAL FRAMEWORK

Il-Litwanja

International legal framework applicable for this measure in your Member State

See 702.

3. COMPETENT AUTHORITY TO:

Il-Litwanja

* receive the request/decision for judicial cooperation

See 702.

* execute/recognise the measure (if other than the receiving authority)

Pre-trial investigation judge.

4. ACCEPTED LANGUAGES

Il-Litwanja

Accepted languages for the request/decision

See 702.

5. EXECUTION DEADLINE

Il-Litwanja

Deadlines for the execution of the request/decision (where applicable)

N/A.

6. CONCISE LEGAL PRACTICAL INFORMATION

Il-Litwanja

a. Special requirements

N/A

b. Other useful information

N/A

Last reviewed on 6 Lulju 2016 by EJN Secretariat

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