Article 449 ter of the Criminal Procedure Law

  Criminal Procedure Law

When a person under fourteen years of age or a person with a disability in need of special protection must intervene in a condition of witness in a judicial procedure whose purpose is the investigation of a crime of homicide, injuries, against freedom, against moral integrity, trafficking in human beings, against sexual freedom and indemnity, against privacy, against family relationships, related to the exercise of fundamental rights and public freedoms, of criminal and terrorist organizations and groups and terrorism, the judicial authority will agree, in any case, to conduct the hearing of the minor as pre-constituted evidence, with all the guarantees of the taking of evidence in the oral trial and in accordance with the provisions of the previous article. This process will be carried out with all the guarantees of accessibility and necessary support.

The judicial authority may agree that the hearing of the minor under fourteen years of age be carried out through psychosocial teams that will support the Court in an interdisciplinary and inter-institutional manner, collecting the work of the professionals who have previously intervened and studying the personal, family and social circumstances of the child. the minor or disabled person, to improve their treatment and test performance. In this case, the parties will forward the questions they deem appropriate to the judicial authority who, after checking their relevance and usefulness, will provide them to the experts. Once the hearing of the minor has taken place, the parties may, under the same terms, provide clarifications to the witness. The statement will always be recorded and the Judge, after hearing the parties, may obtain a report from the expert giving an account of the development and result of the minor's hearing.

In the event that the person under investigation is present at the hearing of the minor, his/her visual confrontation with the witness will be avoided, using any technical means to do so, if necessary.

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The measures provided for in this article may be applicable when the crime is considered minor.

art 449 ter lecrim

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