The 2015 Criminal Procedure Code stipulates that the determination of the age of the accused and the victim who are under 18 years old is carried out by the competent procedural authorities in accordance with the provisions of the law.
In cases where all lawful measures have been applied but the exact date cannot yet be determined, the date of birth will be ascertained as follows:
- If the month can be determined but not the day, the last day of that month will be taken as the date of birth;- If the quarter can be determined but not the day or month, the last day of the last month of that quarter will be taken as the date and month of birth;- If half of the year can be determined but not the day or month, the last day of the last month of that half-year will be taken as the date and month of birth;- If the year can be determined but not the day or month, the last day of the last month of that year will be taken as the date and month of birth.
In cases where the year of birth cannot be determined, an examination must be conducted to determine the age.
When conducting proceedings involving individuals accused of a crime or victims under 18 years of age, it is necessary to clarify issues such as:
- Age, physical and mental development, the level of understanding of criminal behavior of individuals under 18 years old.- Living and educational conditions.- Whether there was an instigator aged 18 or older.- Causes, conditions, and circumstances of the crime.
The Criminal Procedure Code 2015 also provides for proceedings involving juveniles as follows:
Individuals conducting proceedings in cases involving persons under 18 years old must be trained or have experience in investigating, prosecuting, or adjudicating cases related to individuals under 18 years old and have the necessary knowledge of psychology and educational sciences pertaining to individuals under 18 years old.
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