With safeugards providing for the presence of a lawyer at trial, recording of interrogations and both medical examinations, MEP Chinnici celebrates the new Directive.

First European regulation secured protecting minors in criminal proceedings

Providing a lawyer for any child  involved in criminal proceedings,

ensuring interrogations  are video recorded

and carrying out medical and sociological  examinations of the child

are some of the guarantees under  the new directive on safeguards for minors.

We met the rapporteur for the  European Parliament, Caterina Chinnici.

to really deal with the rights of children  in criminal proceedings,

Definitely, both because the starting point  is to build upon European area of Justice

which we are all seeking,  and also because it is a legislative file

aimed at making procedures uniform  for minors

so that as far as possible there are  common standards across Member States.

We gathered questions from civil society  and experts on the topic.

The first comes from a Dutch organisation.

The Netherlands, if I'm not mistaken, is one  country which has a lot to do to comply...

Yes.  -... with this directive. Let's listen.

My question is about  mandatory legal assistance.

Is the right to a lawyer still mandatory  when children can also waive this right?

Our concern is that children who commit  minor offences and waive their rights

can experience unforeseen  negative long-term consequences

such as problems with being accepted  for jobs due to a criminal record.

The driving purpose of the directive  is to give concrete form

to the principle of the child's best interests  in criminal proceedings.

Children must be given all safeguards,  not only concerning proceedings

but also the situation  of children who are particularly vulnerable.

Moreover, the presence of a lawyer  is enshrined as a fundamental right.

Nevertheless, exceptions are also included  as of course it's clear and understandable

that, for example, for less serious crimes  committed by minors

a different procedure can be adopted and a  defence lawyer is not always required.

We've got another question, from Germany.  After that we'll discuss more.

Ms Chinnici, among those who defend  children in criminal proceedings,

there is a fear that making  audiovisual documentation obligatory

could also encroach on individual rights.

Do you agree with me that  when the charge is stealing a t-shirt,

the production of such a film could  also be a drawback for the young suspect?

Just as it is stipulated that the audiovisual  recording is required during questioning,

derogations are provided for  according to the complexity of the case

especially to avoid  making the child uneasy.

Another safeguard for children  which is incorporated

is individual assessment  which includes a child's social background

but also the right to medical examination  in the case that the minor is imprisoned.

It nevertheless leaves the impression that  in an attempt to be thorough, it goes too far.

The individual assessments  are available to judges

as a means to understand better  the situation of the child

to determine the best sentence  during proceedings

and in the end, ensure the most appropriate  measure is taken for each individual.

OK. The final question  is from a judge in Poland.

Do the judicial proceedings with accused  persons who are no longer minors

still carry the obligation to provide access,  for example to parents, to court hearings?

So, is it possible... The age of majority  varies between different States.

The directive applies to those  who commit a crime as a minor

even if they reach the age of legal majority  during the proceedings.

I can say that  in my long experience as a judge

I have seen  how the process of rehabilitation

which starts when the child is still a minor,  can be interrupted abruptly -

thus losing the work  that's already been done -

when they are for example transferred  from a youth facility to an adult prison.