Respectarea normelor procesuale în activitatea de ascultare a persoanei vătămate minore - garanţie pentru soluţionarea echitabilă a unei cauze penale

Raul Alexandru NESTOR

Judecător, Curtea de Apel Ploieşti

ABSTRACT

Without being ignored in any way by the national legislator, the situation of the minor victim has been substantially improved in terms of the procedural rights regulated in the new criminal procedural legislation. Although there were specific provisions for the protection of this vulnerable category of persons in the previous regulation, the new legislation also took into account the established jurisprudence of the European Court of Human Rights, thus imposing proactive conduct on the judiciary. By virtue of the positive obligation to hear the victim, his statements given before the start of the criminal proceedings are a means of proof. The new law on criminal procedure redefines the procedural position of the minor victim and regulates in his favor several rights whose...