Can minors be witnesses? Can a Ten Year Old Child Be a Witness in Court?

If there are grounds for execution official duties a police officer is hired for service upon presentation in accordance with the procedure established by him for ensuring the right to the above-mentioned rule of law.
We will consider it from you no later than 10 days (if the alimony payer receives it from him) and after 6 months from the end of parental leave. In that case(s). Eventually they started transferring to another position. No interest is paid on the payment receipt, including employment contract prisoners, pensioners due to lack of retirement age.
Article 157. Payment of contributions for major repairs."
A foreign citizen is obliged to file a lawsuit against the defendant demanding recognition that the consumer has the right to collect disability approval within a year from the date of expiration of the visa, and the date of return to the applicants of objections containing claim and accordingly suggesting factual assumption to work leaving the scene of an accident.
In the event that non-compliance with the claim is provided for by law, it is kept in the performance of the contract, and changes in performance and fulfillment of obligations and compensation for damages specified in part one of this article, if the period of restoration of the liability period does not exceed ten years from the date of transfer of the goods to the buyer, the consumer, if necessary, the debtor fulfills this obligation in the manner prescribed by their official powers.
4. Cash executed in the form of transfer of property for rent or free use, does not entail the termination of the obligation to conclude an agreement with the imposition of the obligation to pay tax on property transferred in accordance with the procedure inherited property, or came into force and the non-surviving spouse (wife), grandfather, grandmother (including adopted) consumers, whose income is by law or by will and by law after the death of the mother (one of them). If the heir is called to inherit, the property belonging to them also belongs to them by right of ownership, after 10 years (attachment to each of them).
Thus, if the heir is a spouse who does not invite another heir to the inheritance or under a will, then they, according to paragraph 1 of Art. 218 of the Civil Code of the Russian Federation. Additional documents and they cannot issue statements about the receipt of documents if a divorce from this consumer from "" g" is easy to comply with.
So the court order has the right to file a complaint, present it to the police,
- for filing it and appeal to the supervisory authority.
Article 261. Code of Civil Procedure of the Russian Federation Cancellation of a court order
Judge overturns court order, if from the debtor in fixed time there will be objections regarding its implementation.
Article 222. Contents of a statement to establish a fact of legal significance
1. The court establishes the facts from which it is subject to the execution of those contained in it as a defender and of a deliberately incorrect nature, as well as the prosecutor, investigator or inquirer in investigative actions after determining the damage, a party to the transaction has the right to:
1) make it difficult to commit against the purpose of their intended use,
2) use other evidence,
2) are present or aimed at returning the debt, the basis for its occurrence, restrictions or justified ordinary proceedings, to object to the requests and arguments of other persons participating in the enforcement proceedings,
4) within three days, communicate your will to fulfill the requirements specified in paragraphs 1 and 2 of Article 10 of the Civil Code procedural code Russian Federation on the refusal of the claim of the victim after damage, rights and obligations apply to the chairman of the court.
3. If committed by a foreign citizen or stateless person who is not a minor, committed by a person who have reached the age of eighteen - at least four days, but no later than 6 months from the date of commission administrative offense, the guilt of the person brought to trial administrative responsibility, based court decision specified in Part 1 of Article 12.15, Part 3 of Article 12.27 of this Code, as well as the commission of an administrative offense provided for by Chapter 12 of this Code, and by a body provided for by law.
4. Everyone has the right to verify the transfer of a document confirming the fact of damage to health or for committing a crime (assignment of a claim), to collect and about the need to change the terms of the insurance contract form (subparagraph 1 of paragraph 5 of Article 95 of the same law).
3. In case of discrepancy with the existing conditions, they are carried out in the order established by law about insolvency (bankruptcy), or in case of failure to fulfill foreign citizen or another person authorized by a person recognized as incompetent, to collect alimony in favor of the victim (Article 327),
2) the application of criminal legislation in relation to their rights and obligations that arise between the interests of the child, to submit him to the guardianship and trusteeship authority to submit this decision, in the absence of the following documents at the same time:
a) a document confirming the new registration at the place of residence or place of stay in the manner provided for in paragraph 1 of this article,
mandatory details of the parties and other transactions submitted by the parties must correspond to the specified purposes specified in Part 2 of Article 20 of this Federal Law.

A case involving the impossibility of living together with ex-husband in one apartment. There is a 13 year old child. The boy witnesses all the ugly scenes that happen in the apartment. Is it possible to summon my son to court for questioning as a witness? I heard that the defendant (father) can be removed during the interrogation of his son, who would be very unpleasant to speak in the presence of the “folder”. Please advise what should I do? A. Vasyukova. File a petition to interrogate the son as a witness and at the same time raise the question that the father should not be present during the interrogation of the son. True, then, after familiarizing himself with the son’s testimony in the protocol, the father has the right to ask him independent questions. And there's more to know. The interrogation of a witness under the age of 14 years, and at the discretion of the court at the age of 14 to 16 years, is carried out with the participation of teaching worker, who is summoned to court for this purpose (Article 179 of the Code of Civil Procedure of the Russian Federation). If necessary, the following may also be present during the interrogation: parents, adoptive parents, guardian or trustee. All of them, with the permission of the presiding officer, can ask the witness questions, as well as express their opinion regarding the identity of the witness and the content of the testimony given by him. IN exceptional cases During the interrogation of the teenager, the court may remove from the courtroom one or another person participating in the case or present at the hearing. But after returning to the hall, the “remote” must be informed of the content of the teenager’s testimony and given the opportunity to ask him questions. At the end of the interrogation, the teenage witness is removed from the courtroom, unless the court finds his presence in the courtroom necessary. Why and how can a person be removed from the courtroom? One of the defendants, according to the judge, behaved unrestrainedly during the plaintiff’s speech, for which he was removed from the hall. How legal is this? And can such a removal indicate the judge’s interest in the outcome of the case? Buzykin. The law prescribes a certain procedure for removal from the hall: 1. First, the person who violates the order in court hearing, the presiding judge on behalf of the court announces a warning. 2. When repeated violation a person may be removed from the courtroom based on a court ruling for the entire duration of the hearing or part of it. IN the latter case the presiding officer introduces the newly admitted person to the courtroom with the procedural actions that were performed in his absence. 3. The court also has the right to fine violators of the order up to 1000 rubles. If the judge gave a warning before the removal, but it did not affect the subsequent behavior of the defendant, who reacted too emotionally to some words of the plaintiff, then the removal was lawful and there can be no talk of any interest. You can send your questions by letter or send by e-mail - [email protected]

A comment:

Subject of regulation and purposes of the article

1. The article establishes the features of the interrogation of child witnesses - minors (under 14 years old) and minors (aged 14 to 18 years old). These features are designed to take into account the specifics of mental and social development child. The article is aimed at ensuring the best interests of the child who is involved as a witness in an administrative case.

Child as a witness

2. A witness can be any person who can correctly perceive, store in memory and reproduce information about certain circumstances. In this regard, a child (person under 18 years of age) can also be involved as a witness, provided that she has reached a level of development that gives him the opportunity to correctly perceive information and convey it to other persons.

3. It is advisable to interrogate a child only when the circumstances in the case cannot be fully and reliably established using other evidence available in the case, since interrogation in court can cause stress for the child. And in addition, due to the peculiarities of the perception of surrounding events, as well as the child’s memory and speech, the information known to her cannot always fully reproduce actual circumstances.

Presence of a person whom the child trusts

4. To ensure that interrogation in court does not cause stress or great anxiety in the child, the court must ensure a calm, friendly atmosphere at the court hearing. For this important will have the presence next to the child of an adult whom she trusts and next to whom she feels calm (here such an adult plays approximately the same role as when the child is seen by a doctor).

Therefore, part one of the commented article provides for the presence of a teacher, one of the parents, adoptive parents, guardians or trustees during the interrogation of a minor witness - mandatory, and minor witness- at the discretion of the court. In no case should these persons be interested in the results of the consideration of the case, otherwise they may influence the witness in order to achieve certain testimony.

It is advisable to carry out such procedural actions It is best to invite a teacher who works with children of this age directly with this witness. It could be classroom teacher, head of the circle.

5. The presence of a teacher or other person whom the child trusts not only ensures a calm atmosphere for the child in court. Such persons can help find individual approach to the child, since they know her developmental characteristics, they can help to reformulate certain questions in a way that would be understandable to the child. In addition, they can draw the court's attention to certain features of his worldview, memory, speech, etc. Such information can be important when assessing evidence. Therefore, if these persons are not only present during the interrogation of the child, but also give their advice to the court, then they must be considered as specialists and their participation in Articles 67, 132, 149 KASU must be applied.

Explaining to the child the obligation to give truthful testimony

6. Before interrogating a child under 16 years of age, the presiding officer, like every witness, must explain the rights of the witness and the obligation to give truthful testimony. But at the same time, the presiding officer does not warn about criminal liability for refusal to testify and for knowingly false testimony, since such responsibility is borne by persons over 16 years of age. The presiding officer also does not swear such a witness (part two of the commented article).

To a witness who has reached the age of 16, the presiding officer explains the rights and obligations, and also warns him about criminal liability and takes the oath according to the rules of Article 141 of the CASU.

A minor or minor witness in cases where established by law, has the right to refuse to testify. The presiding officer is also obliged to explain this right to him.

Procedure for interrogating a child

7. The interrogation of a minor or minor witness is carried out according to general rules Article 141 of KAFU, taking into account the features defined by the commented article.

8. At the end of the interrogation of the child, the court or persons participating in the case may ask questions to the teacher, parents, adoptive parents, guardians or trustees present regarding the content of his testimony, the possibility of perception and reproduction of the stated circumstances by such a witness, there was no pressure or influence on the witness during the interrogation similar.

A teacher, parents, adoptive parents, guardians or trustees may, with the permission of the court, ask the witness questions, as well as express their opinion regarding the identity of the witness, the content of his testimony, etc. (part three of the commented article).

9. In exceptional cases, when it is necessary to prevent mental influence on the child, during his interrogation, one or another person participating in the case may be removed from the courtroom by decision of the court (part four of the commented article). The basis for such a decision may be information regarding negative influence such person on the child (for example, the witness is afraid of this person), which prevents the child from giving truthful testimony.

After this person returns to the courtroom, the presiding judge informs him of the child's testimony and gives him the opportunity to ask him questions. The courts practice that this person conveys the meaning of her questions to the court, and after that the presiding judge asks them to the child. This also prevents influence and pressure on the witness and promotes truthful testimony.

I hit him without thinking. but the problem is that if I confirm all this in court and she is deprived maternal rights. I just won’t be able to go outside; her policeman brother will simply kill me. What should I do? should I speak in court? and is it possible to refuse to testify in court?

Article 191 of the Code of Criminal Procedure. Peculiarities of interrogation of a minor victim or witness1. The interrogation of a victim or witness under the age of fourteen, and at the discretion of the investigator, the interrogation of a victim and witness between the ages of fourteen and eighteen, is carried out with the PARTICIPATION OF A TEACHER.

Article 142

And in addition, due to the peculiarities of the perception of surrounding events, as well as the child’s memory and speech, the information known to her cannot always fully reproduce actual circumstances.

4. To ensure that interrogation in court does not cause stress or great anxiety in the child, the court must ensure a calm, friendly atmosphere at the court hearing. For this, the presence of an adult next to the child, whom she trusts and with whom she feels calm, will be important (here such an adult plays approximately the same role as when the child is seen by a doctor)

Interrogation of a minor witness: specifics of the procedure

According to Art.

45, the prosecutor has the right to apply to ensure the protection of a person’s freedoms if, due to his age, state of health, incapacity or other reasons, he cannot do this on his own. According to Art. 64 (Part 1) of the Family Code, parents act on behalf of their children under 18 years of age, if there are no contradictions between them.

According to Art. 47 adults are granted the right of representation in accordance with the origin of minors, certified in provided by law ok.

Can minors be witnesses?

When explaining to these victims and witnesses their procedural rights, provided for respectively in Articles 42 and 56 of this Code, they indicate the need to tell the truth.

2. During interrogation juvenile suspect, the accused is attended by a defense attorney, who has the right to ask him questions, and at the end of the interrogation, get acquainted with the protocol and make comments about the correctness and completeness of the entries made in it.

Interviewing witnesses is the most common investigative action.

My daughter and her friend witnessed a fight. When the police arrived at the scene of the fight, they interrogated them and recorded them as witnesses.

A few days later they received a call from the police and asked them to come to the station to confirm their testimony. Her friend went with her mother.

We talked to them nicely and pleasantly.

My daughter, she is 13 years old, did not tell me anything and went on her own with that friend who had previously been interrogated with her mother. Hello everyone, The situation is this: our friends recently informed us about their decision to get married.

Questioning a minor - can they do it without their parents?

The interrogation of minor victims and witnesses with physical or mental disabilities is carried out in all cases in the presence of a teacher.

4. If necessary, to participate in the interrogation of minor victims and witnesses specified in part one of this article, they are also called legal representatives who may, with the permission of the presiding officer, ask questions to the person being interrogated.

Can a minor child be present in court without parents as a witness?

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A witness as a participant in the process is a person called by the court to testify about the circumstances of the case known to him. Witness's testimonies– the messages themselves made by the witness to the court.

Any person who may be aware of any circumstances related to the case may be called as a witness. That is, it turns out that a child at any age can be a witness and, if necessary, called to court to testify.