La suggestione del minore nel processo penale

If you would like to discuss your legal case, contact me here. http://www.avvocatofrancescodandria.it/ What does the Judge consider most when sentencing for child abuse? And what should be challenged before the higher court? In child sexual abuse trials, reasonableness and established practice dictate that, in the event of possible child abuse, the minor be immediately heard, with the assistance of a consultant (a psychologist), by the Preliminary Investigations Judge. This is not an investigation, but rather a moment for gathering evidence through cross-examination between the parties. In practice, the minor will be heard by the Judge and the parties—the Public Prosecutor and the Defense. The parties may examine the minor through the Judge, who will reformulate the questions. In judicial practice, however, this preliminary gathering of evidence (called an evidentiary hearing) can also be done some time after the alleged crime. This poses the risk of the minor being subjected to contamination; that is, the child's memory can be tainted by the expectations and suggestive questions of parents, teachers, psychologists (and... I emphasize psychologists). Yes, because the first thing we do when we suspect that a minor may have been abused—and mind you, it's right that this is the case—is to ensure the child's protection through therapeutic interventions with a child neuropsychiatrist or, more commonly, a psychologist who can provide support for the child's emotional distress. Unfortunately, however, it often happens that therapeutic interventions don't help the child overcome a trauma, which, at the time, is unclear whether it is the result of abuse or another stressful event (parental separation, loss of a loved one, trauma caused by other factors). However, when faced with a rumor of abuse, the counselor tries to investigate whether abuse has actually occurred. In this way, the child is contaminated by instilling neutral events into their biography with a sexualizing connotation (for example, touching a potato chip or a penis for the purpose of personal hygiene is mistakenly considered a sexual act). For example, I encountered a case in which a minor, during a therapeutic session aimed at psychological support to process stress from an abandonment experience, pretended to be a squirrel and eat an acorn, or to be a singer and sing into a microphone. The counselor sexualized all this, believing that the minor was probably simulating oral sex and therefore likely to have been sexually abused. In this way, the questions asked during that therapeutic session could influence the minor, generating a false memory. The Noto Charter—the famous Charter that contains guidelines for the proper collection of evidence regarding minors—has expressed its opinion on this point. Well, Article 3 of the Noto Charter states: "It is appropriate that psychological or psychotherapeutic assistance for the minor—except in cases of particular urgency and gravity—be provided after the minor has given testimony during the evidentiary hearing." This is precisely to avoid tampering with the evidence. If, in this specific case, the minor has been subjected to individual or group family meetings, psychotherapy sessions, or suggestive questioning by teachers or friends of friends, then the Defense Attorney must point this out, as there is a possibility of tampering with the evidence, and therefore what the minor says could be the result of... suggestion. *** Well, if you liked this video, please "Like" it and subscribe to the channel; you'll always be updated on the release of my videos. If you'd like to entrust me with your legal case, call me and I'll be ready to listen and help you because... I'm Francesco D'Andria and I'm on your side. ======================================================== Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it