CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 18: Mandatory presence of the psychologist

1The presence of the psychologist shall be mandatory in any stage of criminal proceedings with the child in conflict with the law, as well as during questioning of the child victim or witness, irrespective of the age over or under 14 years of age.

2The psychologist, where appropriate, shall guarantee psychological support of the child and assess his statements, in accordance with the mental development of the child.

3The presence of the psychologist makes sure that the child in conflict with the law, the child victim and/or witness is questioned in a proper manner and testimony-giving is facilitated with due care to avoid intimidation from or reluctance of the child during the process.

4The competent bodies, where appropriate and if necessary, make sure to provide for the presence of the same psychologist throughout the criminal justice process involving children and only if this serves to the best interest of the child.

5The psychologist, who assumes the role of the emotional supporter of the child during investigation and trial proceedings may not be assigned by the court to assume the role of the expert, by preparing the psychological assessment for the same child.

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