Rights and Protection of Children in Criminal Proceedings – Accused, Victim or Witness

A child’s participation in criminal proceedings requires a special approach, whether the child is accused of an offence, has suffered harm as a victim, or is required to give evidence as a witness. The child’s best interests, the right to receive information in an understandable form, and protection against secondary traumatisation are central considerations.

When can a child bear criminal responsibility?

Children under the age of 14 are not criminally responsible under Bulgarian law. A juvenile between 14 and 18 may bear criminal responsibility only if capable of understanding the nature and significance of the act and controlling their conduct. A special regime applies, focused primarily on education and reintegration.

A juvenile as an accused person

Legal representation is mandatory when the accused is a juvenile. Information about the accusation and procedural rights must be provided in clear, age-appropriate language. Bulgarian law also provides for an individual assessment of the juvenile’s personality and circumstances and requires the proceedings to be handled with appropriate care and priority.

A parent, guardian or another person legally responsible for the child may attend certain procedural actions where this is in the juvenile’s best interests and does not obstruct the proceedings. Where necessary, an educator, psychologist, suitably qualified doctor or another specialist participates in the interview. Bulgarian law requires audio and video recording for certain interviews of a juvenile accused person.

The child as a victim or witness

A witness under 14 is interviewed in the presence of an educator or psychologist and, where necessary, a parent or guardian. For a witness between 14 and 18, those persons participate where the competent authority considers it necessary. Where a child witness has specific protection needs, the participation of an educator or psychologist is mandatory.

The interview may be organised so as to avoid contact with the accused, including by using specially equipped premises or videoconference facilities. Child-friendly interview rooms, commonly known as “blue rooms”, may provide a less intimidating environment and allow trained professionals to participate.

Limiting repeated interviews

The number of interviews should be kept to the necessary minimum. A child witness under 14, or a witness with specific protection needs who has already been interviewed, may be interviewed again only under the conditions provided by law, for example where the earlier evidence cannot be used or a further interview is exceptionally important for establishing the truth.

Practical protection

A parent or caregiver should obtain legal advice promptly, clarify the child’s procedural status and request the appropriate protective measures. Where the interests of the child and the legal representative conflict, separate procedural representation may be necessary.

This article is for general information and does not replace legal advice in a particular criminal case.