Testimony of the child at the preliminary investigation stage

2022/02/21 Type of resource National judgements Topics Child protection Titles Topical issues Activities Legal review
Questioni di attualità L’assunzione della testimonianza del minorenne

Testimony of the child at the preliminary investigation stage. Evidentiary proceedings and forms of protection for children.

What protection is provided for the testimony of children in criminal proceedings if it cannot be referred to the trial?

As a rule, in criminal proceedings, the taking of testimony is restricted to the trial stage; this protects the principle of immediacy between the taking of evidence and the determination thereof.
There are, however, special cases, provided for in Article 392 of the Code of Criminal Procedure, in which it is not possible to wait for the trial and testimony is therefore taken at the preliminary investigation stage. These are cases involving evidentiary proceedings.
Among the various cases envisaged by Article 392 of the Code of Criminal Procedure in which the evidentiary proceedings are ordered outside the hypotheses of serious impediment and the threat includes that of a child, or more generally where the injured person is particularly vulnerable...