Educator and psychologist on juvenile offenses

THE EDUCATOR AND THE PSYCHOLOGIST OF CRIMES COMMITTED BY MINORS

    A special place among the special rules for dealing with cases of crimes committed by minors is given to specialists in the field of pedagogy and child psychology. In theory and practice, the participation of persons with pedagogical and psychological qualifications is unanimously accepted as a condition for the validity and effectiveness of the procedural actions performed. It is advisable when the accused is under the age of 16, when he or she has a delayed psycho-physiological development or is suffering from a mental illness, the involvement of a teacher or psychologist is mandatory. The role of these specialists is dual in nature. On the one hand, it aims to support the activities of the public authorities by adapting the admitted issues in a way that allows them to be understood by the minor in view of his or her age characteristics and to properly reflect them in the draft protocol. On the other hand, the involvement of a teacher or psychologist guarantees the right of defense of the minor as it ensures the correct understanding and accurate recording of the explanations given by him and his answers during the questioning. The specific characteristics of age development require the interviewer to have knowledge in the field of child psychology, including the peculiarities of the emotional, social, cognitive and educational level of children in general and of the individual in particular. In practice, a significant question arises - what criteria should the interviewer be guided in deciding whether a teacher or psychologist should participate in the interview. The educator should take part when it is he who is best acquainted with the personal characteristics of the accused, his / her development, habits, family and friendship environment, typical behavior, attitudes and interests.  The participation of a psychologist is more appropriate in the interrogation of the accused, when there is evidence that he is emotionally unstable, with a delayed development, which does not exclude the ability to understand the property and significance of the act he has done and to guide in his steps, characterized by lower intelligence, and in all cases where the application of pedagogical techniques alone will not be sufficient.