Babenko O. Pre-trial investigation into a minor suspect

It was found out that one of the alternative tools to ensure the rights and legitimate interests of a juvenile suspect in criminal proceedings is the introduction of a special method of interrogation «Green Room» or «Child-Friendly Room». Based on the content of European standards of human rights and freedoms, it is concluded that the right to protection is one of the most important procedural guarantees for the protection of a minor who is prosecuted during pre-trial proceedings. Therefore, the right to protection of a juvenile should be implemented through the «substantive» concept of «prosecution», according to which a juvenile should receive legal means of protection from the moment of taking serious investigative measures to verify suspicion against him and prepare a version of the accusation. It has been established that a juvenile suspect is a person who has formally and substantially reached the minimum age of criminal responsibility, and in respect of whom a suspicion of formal or material manifestation has been raised. Given the importance of obtaining primary data from a juvenile who is «de facto» suspected of committing a criminal offense (prior to the notification of suspicion), it is proposed to collect initial evidence from him in the format of a «procedural interview». This will simplify and improve the traditional selection of explanations for the commission of a criminal offense and help to ensure the principle of «best interests of the child».