Investigative discretion in selecting pretrial measures for juvenile defendants

Current criminal procedural legislation of the Russian Federation provides for a set of restrictive measures designed to ensure proper conduct of criminal proceedings. A distinct category among these measures comprises pretrial measures - coercive mechanisms applied by legally authorized officials to suspects and defendants to prevent potential obstructions to case investigation. A special participant in criminal proceedings is the juvenile defendant, who may likewise be subjected to various pretrial measures differing in nature and severity during criminal proceedings. Analysis of investigators' role in selecting appropriate pretrial measures for juveniles reveals the considerable responsibility and complexity involved in balancing case circumstances with the juvenile's personal characteristics. When making procedural decisions, investigators must conduct thorough and comprehensive assessments of factual case circumstances, including age-related and psychoemotional characteristics of the juvenile, as well as legally significant facts of the alleged criminal offense. Crucially, any application of pretrial measures must adhere to principles of justice and humanity, while serving statutory objectives under criminal procedure law, particularly ensuring the juvenile's appearance before investigative authorities and court and preventing further criminal activity. Failure to comply with these requirements violates juveniles' rights and undermines the legality and validity of investigators' decisions. After the legal analysis, the author concludes that effective implementation of juvenile justice in Russia requires further development of legal frameworks governing pretrial measures for juvenile suspects/defendants and enhanced investigator training in child psychology, pedagogy, and specifics of differentiated criminal procedure for juveniles. This approach will enable the state to maintain an optimal balance between protection of juveniles' rights and the need to maintain legality and public order. The authors declare no conflicts of interests.

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