Participation of Juveniles in the Criminal Procedure : Comparative Study

为了更好地了解青少年参与刑事诉讼的情况，我也考察了青少年参与少年法庭程序的情况：第一，有关受害者参与青少年近距离聆讯的问题，青少年法庭只有在法庭认为他们出席并不妨碍青少年参加自己的聆讯，而青少年同意他们出席的情况下，才会准许他们出席聆讯。此外，当法庭发现他们的出席会对他们的恢复产生不利影响时，法院不应允许这样做。第二，为了使青少年与法官之间的沟通得到妥善的处理，法官应具有特殊的沟通技巧，并建立相互信任的关系。第三，根据国际人权法，应确保青少年的参与，作为公平审判的本质。因此，应采取特别措施，促进青少年对刑事诉讼和少年诉讼的了解和参与。第四，法律援助是青少年参与的关键。应明确辩护律师的角色和职能。第五，青少年在法律咨询的帮助下参与将培养他们在青少年司法中的自主性。这将有助于打破强硬运动的循环。

In order to understand the participation of juveniles in the criminal procedure more, I examine their participation in the juvenile court procedure as well.First, as regards participation of victims in close juvenile hearing, the juvenile court could permit them to attend the hearing only when the court could find their attendance would not prevent juveniles from participating their own hearing and juveniles would consent their attendance. In addition, when the court find their attendance would have adverse effect on their restoration, the court should not permit it.Secondly, in order to make proper the communication between juveniles and judges, judges should have special communication skills and establish a relationship of mutual trust.Thirdly, under the international human rights law, juveniles' participation should be secured as an essence of fair trial. Therefore, special measures should be taken to promote juveniles' understand and participation in criminal procedure as well as juvenile procedure.Fourthly, legal assistance is essential for juveniles' participation. The role and function of defense lawyers should be clarified.Fifthly, juveniles' participation with the assistance of legal advice would foster their autonomy in the juvenile justice. That would serve to break the cycle of get-tough movement.