CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 74: Assignment and notification of a legal/procedural representative

1The prosecuting body shall notify immediately the Unit for Protection of the rights of the child if:

ait is impossible to locate the legal representative;

bit is obvious that the legal representative of the child has abused with the child or in the case of a domestic crime;

cthere are doubts over impartiality of the legal representative of the child concerning the nature of their relations with the family member who has been injured;

çone of the types of conflict of interests is in place.

2The above-mentioned persons foreseen in paragraph 1 of this article shall not be allowed to be informed of the child-related documents.

3The prosecuting body shall assign a person from the list submitted by Unit for Protection of the rights of the child to make the procedural representation, if:

ait is impossible to local the child’s legal representative, within an hour from accompanying of the child to the premises of a prosecuting body;

bthe child does not live with the legal representative and/or refuses to contact him/her;

cthe legal representative acts contrary to the interests of the child;

çthe child is a victim of or witness to a criminal offence committed by the child’s legal representative;

dthe legal representative is accused of the same criminal offence as the child;

dhthe legal representative is not available.

4In any case, when assigning the procedural representative the views of the child must be taken into consideration.

5The provisions on the legal representative are fully applicable, where appropriate, even to the procedural representative concerning the criminal process.

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