The recently introduced Article 76a of the Code of Criminal Procedure introduces the possibility of participation of a legal representative or a person under whose care the accused remains during the session or hearing, in the event that a person under 18 years of age sits in the dock. Admission of such a person is made upon request, which means that the accused must express such a will.
In the event that the accused does not have a legal representative or a person under whose care he remains, or the presiding judge has determined that the participation of these persons may lead to a violation of the rights or interests of the accused, is inappropriate for his good, prevents the conduct of the session or hearing or significantly impedes it, the accused may designate another adult person.
If the accused has not indicated such a person (or the court determines that their presence is inappropriate, prevents the conduct of the session or hearing or impedes it), the presiding court appoints a family assistant.
According to the Act of 9 June 2011 on supporting the family and the foster care system, a family assistant is a person who has qualifications specified in detail in the Act and whose purpose is to support the family in properly fulfilling its care and educational function and to shape the skills of family members in finding solutions to life’s difficulties. The introduction of Article 76a of the Code of Criminal Procedure should be considered a positive step, aimed at ensuring broader protection of their rights. The presence of a person close to the minor (or one with the appropriate training – a family assistant) allows for providing emotional support during often stressful criminal proceedings. It is also important to allow a qualified person – a family assistant – to participate in the proceedings in the event that the accused does not have a person who can provide him with appropriate support.