The Directive on Procedural Safeguards for Children who Are Suspects or Accused Persons in Criminal Proceedings: Genesis and Descriptive Comments Relating to Selected Articles

Steven Cras

eucrim – The European Criminal Law Associations Forum · 2016 · 12 citations · 0 references

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Abstract

The article explains the genesis and content of Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused in criminal proceedings, the fifth measure of the Roadmap on procedural rights. Cras outlines the legislative negotiations and comments on selected provisions: scope and definition of children, the right to information, mandatory assistance by a lawyer with legal aid, individual assessment, medical examination, audio-visual recording of questioning, safeguards during deprivation of liberty, protection of privacy, and participation in court hearings. The Directive, inspired by international standards such as the UN Convention on the Rights of the Child, introduces binding EU minimum rules and strengthens child-friendly justice, though compromises mean that some protections remain limited.