A criminal case involving a minor requires a special approach. The minor’s age, level of development, emotional condition, and the influence of their environment must be considered at every stage of the investigation and court proceedings.
In juvenile justice proceedings, priority is given to the best interests of the minor, the protection of their dignity, an individualized approach, rehabilitation, and reintegration into society.
Avtandil Giorgadze is a lawyer specializing in juvenile justice. He defends minor accused persons and provides legal assistance to minor witnesses and victims before the police, the prosecution service, other investigative authorities, and courts.
Who Is Considered a Minor Under the Law?
A minor is a person who has not reached the age of 18. The minimum age of criminal responsibility in Georgia is 14.
The minor’s age may be decisive for:
- the issue of criminal responsibility;
- the procedural rules applicable to the minor;
- the selection of a measure of restraint;
- the possibility of diversion and restorative justice;
- determining the type and extent of punishment;
- the participation of a legal representative and other relevant persons.
Special legal rules apply to juvenile cases and differ from the general procedures applicable to adults.
The Best Interests of the Minor
The best interests of the minor must be considered whenever a decision concerning the minor is made.
This includes an assessment of the minor’s:
- age and level of development;
- physical and mental condition;
- family and social environment;
- education and living conditions;
- possible experience of violence or pressure;
- need for rehabilitation and reintegration into society;
- long-term consequences of the anticipated decision.
The purpose of juvenile justice is not limited to determining legal responsibility. The minor’s future development, the protection of their interests, and the prevention of reoffending are also important.
Defense Lawyer for a Minor Accused Person
Defending a minor accused person requires not only reviewing the criminal case materials but also assessing the minor’s personal, family, and social circumstances.
A minor may not fully understand:
- the legal consequences that may result from what they say;
- the difference between an interview, questioning, and other investigative actions;
- when they may exercise the right to remain silent;
- what authority the police or investigator has;
- how the decision made may affect their future.
It is therefore important to involve a lawyer immediately after the minor is summoned to the police, arrested, or subjected to the first investigative action.
Fundamental Rights of a Minor Accused Person
A minor accused person has the right to:
- receive information about the charges in a form they can understand;
- know their rights and the possible legal consequences;
- receive assistance from a lawyer;
- communicate confidentially with their lawyer;
- exercise the right to remain silent;
- refrain from testifying against themselves;
- have a legal representative participate in accordance with the procedure established by law;
- use the services of an interpreter where necessary;
- be protected from pressure, threats, and coercion;
- have their case considered with due regard to their age and best interests;
- have their privacy and confidentiality protected.
The participation of a parent or another legal representative cannot replace the need for a lawyer. The lawyer directly provides the minor’s legal defense and acts in accordance with the minor’s best interests.
Arrest of a Minor
The arrest and pretrial detention of a minor must be used only as measures of last resort and for the necessary period. When making a decision, particular attention must be given to the minor’s age, needs, family environment, and the possibility of applying a less restrictive measure.
In the event of an arrest, the lawyer:
- examines the legal grounds for the arrest;
- meets with the minor and explains their rights in language they can understand;
- checks whether the relevant persons have been informed;
- attends investigative actions;
- protects the minor from pressure and from giving self-incriminating testimony;
- assesses whether the special procedures applicable to minors have been observed;
- presents arguments to the court in favor of applying a less restrictive measure of restraint.
Interviewing and Questioning a Minor
Any investigative action involving a minor must be conducted in an environment appropriate to their age and level of development. Questions must be asked in a form the minor can understand, and the process must not involve intimidation, pressure, or coercion.
The lawyer monitors whether:
- the minor’s rights have been explained in an understandable form;
- the special procedure for conducting the investigative action has been observed;
- the persons whose participation is required by law are present;
- the minor is tired, frightened, or under pressure;
- the minor’s statements have been accurately and fully recorded;
- the minor is providing information without understanding its legal consequences.
Diversion and Mediation
Diversion and restorative justice mechanisms play an important role in juvenile justice. Where the relevant legal conditions exist, the minor’s case may be concluded without criminal prosecution or a criminal record.
When deciding whether diversion is appropriate, the following may be assessed:
- the nature and circumstances of the conduct committed;
- the minor’s age and level of development;
- the minor’s previous conduct;
- the degree to which the minor understands responsibility;
- the harm caused to the victim;
- the possibility of repairing the harm;
- the family and social environment;
- the minor’s prospects for rehabilitation.
Diversion is not applied automatically. Each case is assessed individually. The lawyer determines whether legal grounds for diversion exist and presents circumstances demonstrating the minor’s best interests.
Defense of a Minor in Court
Defending a minor in court includes both a legal assessment of the prosecution’s evidence and a comprehensive presentation of the minor’s personal and social circumstances.
The lawyer:
- reviews the case materials and the prosecution’s evidence;
- develops an individualized defense strategy;
- requests that unlawfully obtained evidence be declared inadmissible;
- questions prosecution and defense witnesses;
- presents evidence favorable to the minor;
- prepares motions and legal positions;
- provides the court with information about the minor’s family, social, and educational circumstances;
- protects the minor’s confidentiality;
- requests the application of an appropriate and proportionate legal measure to the minor.
When a decision concerning a minor is made, priority must be given to their rehabilitation and reintegration into society.
Lawyer for a Minor Witness
A minor summoned as a witness in a criminal case may find it difficult to describe events coherently, understand questions correctly, or speak freely in an unfamiliar environment.
The assistance of a lawyer for a minor witness is particularly important when:
- the minor witnessed violence or another serious event;
- a person involved in the case is a member of the minor’s family;
- there is a risk of pressure or intimidation;
- questions asked by the investigation may concern the minor’s own possible responsibility;
- the minor is in a difficult emotional condition;
- the minor has already been interviewed several times;
- there is a conflict of interest between the parent or legal representative and the minor.
The lawyer’s purpose is to ensure that the minor receives information about their rights in a form they can understand and that their participation does not become a source of additional psychological harm.
Interviewing and Questioning a Minor Witness
The interview and questioning of a minor witness must be conducted with due regard to the child’s age, level of development, and emotional condition.
The following are important during the process:
- a safe and child-friendly environment;
- clear and age-appropriate questions;
- the prohibition of intimidation and pressure;
- protection of the minor’s dignity and privacy;
- avoiding repeated interviews as far as possible;
- the participation of a legal representative, psychologist, or another relevant specialist in cases provided by law;
- accurate recording of the interview or questioning process.
If a question asked of the minor may elicit self-incriminating information, the potential legal risks of violating the minor’s rights must be assessed.
Lawyer for a Minor Victim
A minor who has suffered as a result of a criminal offense requires not only legal representation but also protection of their safety, confidentiality, and emotional condition.
The lawyer represents the interests of a minor victim:
- when the issue of recognition as a victim is being decided;
- during the investigation and court proceedings;
- when evidence is being located and presented;
- during interviews and questioning;
- when requesting special protection measures;
- when assessing the material and non-pecuniary harm suffered;
- when determining the legal avenues for obtaining compensation.
Particular attention must be given to preventing the secondary traumatization of the minor. The minor should not be required to repeat an account of the events multiple times without sufficient justification or to have contact with the accused person in a manner that causes additional psychological harm.
Participation of the Minor’s Legal Representative
A parent, guardian, custodian, or another legal representative may participate in proceedings involving a minor.
The legal representative’s participation must serve the minor’s best interests. If there is a conflict of interest or the representative’s participation may harm the minor’s interests, the matter must be resolved under the special procedure provided by law.
A parent or legal representative must not dictate the minor’s testimony or exert pressure on the minor. It is important that the minor provide information freely and in accordance with their own perception.
Confidentiality of the Minor
Protection of privacy is particularly important in juvenile justice proceedings.
The following must not be disclosed without complying with the rules established by law:
- the minor’s first and last name;
- photographs or video materials;
- place of residence;
- school or other identifying information;
- details of the case that may make it possible to identify the minor.
Protecting confidentiality is important for preventing the stigmatization of the minor and avoiding a negative impact on their future development.
What Do the Services of a Juvenile Lawyer Include?
The lawyer’s services may include:
- explaining the rights to the minor and the parent;
- assessing the legal circumstances of the case;
- communicating with the police and the prosecution service;
- participating in investigative actions;
- reviewing the case materials and evidence;
- preparing statements, motions, and complaints;
- assessing the possibility of diversion and mediation;
- participating in hearings concerning a measure of restraint;
- protecting the minor’s interests in court;
- providing legal assistance to minor witnesses and victims;
- cooperating with a psychologist, social worker, expert, or another specialist where necessary;
- assessing the possibility of appealing a decision.