New Templates for Warnings and Information on the Course of Interview for Minor Witnesses in Criminal Proceedings - an Improvement or an Unused Potential?

A minor witness is especially exposed to secondary victimisation in connection with their participation in criminal proceedings, regardless of whether the interrogation takes place under the ordinary procedure or a protective mode. A way to shield the child from trauma potentially arising from their contact with the justice system – and to enable fuller and more informed participation in the interview – is to inform them of their rights and obligations, in a manner adapted to their age and developmental level. Due to the amendment to the Code of Criminal Procedure by the Act of 13 January 2023 on the change of the Civil Procedure Code and certain other acts, the Minister of Justice was, by statutory delegation, obliged to issue regulations containing new templates of instructions, explanations and information regarding hearings and criminal proceedings, which are addressed, among others, to minor witnesses. In this article, the author analyses and evaluates the templates of instructions issued by the Minister of Justice for minor witnesses, and attempts to answer the question posed in the title: are the new templates an improvement from the point of view of a child being interviewed in criminal proceedings, or did the Ministry of Justice, despite having resources and ability, fail to exploit the potential of the amendment and did not succeed in drafting instruction templates accessible enough for a minor?