L’ascolto del minore alla luce della legge n.219/2012

Abstract

The aim of the work above is to provide a survey of the most prominent aspects concerning the hearing of minors. After a short introduction to state of art of the national, international and European law concerning the issue above, the hearing will be dealt with as a subjective right acknowledged to the minor, along with the giudicial features related to his/her capacity of discerment. The procedures so far used in courts for the auditions of minors and the related procedural implications will be examined. The memoranda of understanding which were adopted by many courts even before the reform will be briefly described in order to point out how the customary procedures were subsequently incorporated in the reform. The psychological outlines and the recommendations of the Italian Association of Legal Psychology whose aim is to provide the minor with the best care and protection will be finally taken into account.