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The testimony of a minor: when does a procedural truth correspond to a historical truth?

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The child abuse in its various forms, physical, sexual and psychological violence, is a complex phenomenon, potentially able to alter not only the natural development of the subject abused, but also his ability to relate to others. This paper aims to point out the way that the child has to take from the moment he decided to take over being a victim of abuse at the time when it is called to testify about the abuse right away, with all the difficulties that this witness implies, not only for the child himself, but also for those who are called upon to decide and rule on the quality of that testimony. The art. 196 of the current Code of Criminal Procedure recognizes everyone the ability to testify, then, including minors. Nothing therefore prevents the operators from taking information from a child in criminal trials. Moreover, investigators have wide discretion not only "if" hearing the minor, but also on the methods to do it. This entails serious risks on the authenticity of the evidential result: mnestic lability, suggestibility, tendency to pander to the interlocutor's expectations, all of which are typical factors of the minor that can compromise the correct reconstruction of the facts. 

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Luisa Marra, Criminologist, Lawyer of the Court of Parma

Master in Criminological and Forensic Sciences, Sapienza University of Rome, academic year 2013-2014

How to Cite

Marra, L. (2019). The testimony of a minor: when does a procedural truth correspond to a historical truth?. Rivista Di Psicopatologia Forense, Medicina Legale, Criminologia, 24(1-2). https://doi.org/10.4081/psyco.2019.63