The pshycology of the underage offender and the particularities of the interview during the criminal investigation

• Author: Elena Ana Mihut
• Position: PhD lecturer, AGORA University
• Pages: 182-187

182

THE PSYCHOLOGY OF THE UNDERAGE OFFENDER AND

THE PARTICULARITIES OF THE INTERVIEW DURING THE

CRIMINAL INVESTIGATION

PhD lecturer Elena Ana MihuY

AGORA University

Abstract:

Independent on the minor’s quality within the trail, the preparation of

his/her hearing must consist both in general activities valid for any hearing,

independent on the person’s age and also in specific activities requested by the age

and the degree of his/her mental development.

The personality of the underage delinquent represents the result of

permanent and multiple relations with mutual influence and interdependence, both

between the main features of the underage personality belonging to someone who

has committed an offence and between his/her personality. This is considered to be

a biological, psychological, social and cultural evolving personality and distinctive

environmental features that surround the underage individual.

The minor offender’s hearing preparation is done by the criminal

investigation authorities that must have all the information that characterise the

psychology and the personality of the minor.

Like any other hearing, it will start with the identification of the minor and

the preliminary discussions that establish the first psychological contact between

the investigator and the minor.

During the free speech, the investigator must have a lot of patience; he/she

must not intervene only if the minor is divagating form the subject of the

conversation.

The most important phase of the minor’s hearing1 is the questions and

answers phase that unfurl considering the rules applicable in the minor’s hearing

phase.

Key words: personality, minor, interview preparation

1. Generalities. The functioning of the society depends on the

conformation of individuals and groups that compose it, in relation with the

accepted normative, moral, social, juridical and general cultural model. The study

of the deviance phenomenon and subsidiary, of the delinquency phenomenon

involve researchers form different fields: medical, sociologic, physiologic and

pathologic, psycho-pedagogic, criminology, justice etc.

A particular form within the delinquency it is represented by that, appearing

at young ages denominated as juvenile by the penal doctrine.

1 E. Stancu, Tratat de criminalistic<, Ed. Actami, 2001, Bucharest, p.412-413.