The admissibility of a repeated examination of a minor victim of a sexual offense

Czasopismo Prawa Karnego i Nauk Penalnych Rok XXII: 2018, numer 4
Journal of Criminal Law and Penal Studies Volume XXII: 2018, No. 4

Tomasz Lenartowicz - Ph.D. candidate, Jagiellonian University, Chair of Criminal Law

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Keywords

minor, accused, attorney, preparatory proceedings, the right of defense, crimes against sexual freedom and decency

Summary

The subject of this article is the issue of making more real the defendant’s right to defense in case of a sexual offense against a minor. The analysis of doctrinal and judiciary views, as well as requirements concerning the manner of taking evidence from examination of a minor victim, leads to the conclusion of the need to introduce additional procedural guarantees for a potential suspect, already in the preparatory proceedings phase.