Art. 154 CrimPC from 2023
Art. 154 Special measures to protect child victims
1 A victim is a child within the meaning of this Article if he or she is under 18 years of age at the time of the examination hearing or confrontation hearing.
2 The first examination hearing with the child must take place as quickly as possible.
3 The authority may exclude the confidant from the proceedings if this person could exert a decisive influence on the child.
4 If it is evident that the examination hearing or the confrontation hearing could be a serious psychological burden for the child, the following rules apply:a. A confrontation hearing with the accused may be ordered only if the child expressly requests the confrontation hearing or the accused's right to be heard cannot be guaranteed in any other way.b. The child may not normally be interviewed more than twice during the entire proceedings.c. A second interview shall take place only if parties were unable to exercise their rights at the first interview or the examination hearing is essential in the interests of the enquiries or of the child. If possible, the child should be questioned by the same person who conducted the first interview.d. Examination hearings shall be conducted in the presence of a specialist by an investigating officer specifically trained for this purpose. Unless a confrontation hearing is held, audio and video recordings shall be made of the examination hearing.e. The parties shall exercise their rights through the person asking the questions.f. The person asking the questions and the specialist shall record their special observations in a report.
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
