Fiches Belges

A precondition for criminal liability is that the offender has reached the age of fifteen at the time of the act. A child between fifteen and eighteen may be heard in pre-trial investigation or in court as a suspect, witness or an injured party. A child under fifteen may be interrogated in pre-trial investigation if there is reason to believe that he has committed a criminal act, although he shall not be designated a suspect. He may be heard as a witness in court proceedings without an oath, if the court deems it appropriate, and his testimony bears central relevance to the case, and giving testimony does not cause the child distress or other harm that may impair him or his mental growth. Generally, anyone but a party may appear as a witness in trial. As a rule, a witness may not refuse to testify except where the testimony might result in self-incrimination. Close relatives may not be compelled to testify against their will. Restrictions on privileged and confidential information apply. As a rule, a witness gives his initial statement during pre-trial investigation. The subsequent trial is based on the material accumulated during the pre-trial investigation. A witness must appear in court to testify. Failure to take the oath or to respond to a question may lead to imprisonment. False statement as a witness is a punishable act. Hearing an injured party in pre-trial investigation and in court. In pre-trial investigation an injured party is under the obligation to tell the truth. An injured party may not be heard as a witness in court proceedings even if he does not excercise his right to be heard as a party. He may, however, be heard during the proceedings in which case the court shall weigh the evidentiary value of his account in light of of his procedural status. False statement in pre-trial investigation is a punishable act. Protection against self-incrimination exists. Hearing suspects in pre-trial investigation and in court. The person is questioned either by a police authority or by a judge, depending on the request. The request may be executed following a particular procedure specified in the request.

Directive 2014/41/EU of 3 April 2014 regarding the European Investigation Order in criminal matters MLA 2000

Pre-trial stage: National Bureau of Investigation. Trial stage: District Courts

Finnish, Swedish or English

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A child is to be treated in conformity with his age and maturity. In pre-trial investigation a suspect under eighteen shall not be questioned without a witness to the procedure unless he is assisted by a counsel or statutory representative. A child to be examined in court as a witness may be assigned a support-person. Usually the court, not the parties, conduct the examination. The parties may pose questions to him either through the judge or directly. If the person is under fifteen, his guardian, trustee, or other statutory representative may be present at the hearing. The pre-trial interrogation of a person under eighteen should always be recorded in sound or video format. Before the interview in pre-trial investigation a suspect is informed of his procedural status and of the offence of which he is suspected. At the request of the suspect a third person acting as a witness shall be summoned to be present during the interview. In court proceedings, after the opening statements, a detailed discussion, including the taking of testimony, follows and the proceedings culminate in closing remarks by the parties. A person not speaking Finnish or Swedish has a right to an interpreter free of charge. A person other than the suspect may not be obliged to remain at the police station for more than six hours at a time. In pre-trial investigation a third person acting as a hearing witness shall be present during the hearing. If the interview cannot be delayed without endangering the investigation, the interview may be conducted without a hearing witness. In court the witness shall not refer to a written statement. He may, however, use notes as a memory aid. A person not speaking Finnish or Swedish has a right to an interpreter free of charge. If so requested, a Finnish prosecutor can be present at the court or/and present the questions to the person to be heard.