CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 16: Child participation in the process

1The right of participation in the process includes the right of the child to be heard and express own views which are given due weight in accordance with the age and maturity of the child. Where a child seeks to be heard, the request shall be accepted, except for important reasons which are reasoned in the respective decision. If the child is unable to exercise this right, he/she may do so through the parent as a legal representative.

2The child has the right to participate, directly and/or through the legal representative, in any decision-making process affecting the child.

3The child may not be obliged to participate in the process in person. Non-participation may not aggravate his/her position or/and be used at his/her disadvantage.

4The prosecutor and the court create all the conditions and take any measures to encourage the child to participate in criminal proceedings against him/her, if so required for the best interest of the child.

5Any actions taken by the competent body during the proceedings conducted in the presence of the child must be appropriate to the age and maturity of the child.

6Necessary adaptation and support is ensured through the manners foreseen in ratified international acts concerning disabled persons and the law in force on inclusion and accessibility of disabled persons.

7If the claims of a child and his legal/procedural representative are contradictory, the competent body shall consider the claim that serves the best interest of the child.

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