Pre-Constituted Evidence: the Minor's Testimony
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listIn this article
lightbulbKey Takeaways
- check_circleMandatory for under-14s
- check_circleGesell chamber
- check_circleThe defence can ask questions
- check_circleCan be challenged
Pre-constituted evidence is decisive in trials for sexual offences against minors. As specialist criminal lawyers, we explain how it works and how to challenge it.
Concept
The early recording of the minor's testimony to avoid secondary victimisation. Mandatory since Organic Law 8/2021 for minors under 14.
Procedure
The judge orders the interview → a specialist psychologist → the Gesell chamber → the defence proposes questions → the recording is made in full → it is played at trial.
Challenging It
Leading questions, contamination by third parties, lack of cross-examination, technical defects, a psychologist who is not a specialist.
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