Forensic examinations of minors in criminal proceedings: procedural and tactical aspects

Abstract

The article demonstrates that, amid rising numbers of criminal offenses against children and the expansion of the list of war crimes related to the illegal movement, deportation, recruitment, and use of children for military purposes, the importance of specialised knowledge and forensic support is significantly increasing. The purpose of the article is to determine the procedural and tactical features of the appointment and conduct of forensic examinations of minors in criminal proceedings. The methodological basis of the work was general scientific and special research methods, in particular formal- logical, systemic- structural, comparative- legal, sociological, and statistical methods, as well as methods of analysis, synthesis, generalization, classification, and study of materials of criminal proceedings, forensic practice, scientific sources, and regulatory legal acts. Their use allowed a comprehensive investigation of the features of the appointment and conduct of forensic examinations of minors, determination of their evidentiary value, and formulation of proposals for improving forensic expert support of criminal proceedings involving children. The scientific novelty lies in revealing the specifics of the appointment and conduct of forensic examinations of minors, which are due to the age, psychological, physiological, and emotional characteristics of children, their increased vulnerability, susceptibility to fear and suggestion, difficulties in recreating events, and the risk of retraumatisation. The features of the appointment of forensic, biological, molecular genetic, psychological, psychiatric, and complex psychological and psychiatric examinations of minors are revealed. The conclusions emphasize the need for timely collection of biological samples, the use of non- invasive research methods, minimizing the number of repeated examinations, and ensuring proper photo and video recording of bodily injuries. It is proven that the absence of physical injuries, sperm, blood, epithelial cells, or other biological traces cannot automatically indicate the absence of sexual violence against a child, since such traces can quickly disappear under the influence of time, hygiene procedures, or other factors. It is generalized that the subject of psychological examinations is determining the child’s ability to correctly perceive, remember, and reproduce the circumstances of the event, assessing the level of mental development, suggestibility, fantasy, psychological trauma, and other individual psychological characteristics. The need for further improvement of the legislation and practice of forensic support for criminal proceedings involving minors is emphasized.