CODE OF CRIMINAL JUSTICE FOR CHILDREN   |   37/2017

Article 77: Procedural guarantees of cross-examination of the child in conflict with the law

1The child, the legal representative or the psychologist have the right to request breaks during the cross-examination of the child.

2The competent body, when cross-examining the child, shall arrange the time for break in accordance with the age, development level and other circumstances of the child.

3Cross-examination of the child during the night, from 2200 - 800 shall be prohibited.

4The child shall be provided with food at least once in every 4 hours from 800-2200 and water without any limits. The child shall be guaranteed the right to use the toilet at any time.

5The prosecutor and the judicial police officer, during investigation, have the right to prohibit the participation of the legal representative during procedural actions, only if this serves to the best interest of the child.

6The competent bodies, during cross-examination of the child in justice proceedings involving the child in conflict with the law shall limit to the greatest possible extent the number of cross-examinations.

7The child under 14 years of age who has committed a criminal offence shall be cross-examined after the child is explained in a clear and understandable way that the child has no criminal responsibility because of the age. Moreover, the child shall be explained that the child has no criminal liability if the child refuses to testify or gives false testimony.

8The rules set forth in this article shall apply even to the administrative actions of the police and other bodies performing administrative activity in the context of criminal justice for children.

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