SPECIFICS IN THE IMPLEMENTATION OF PROCEDURAL RIGHTS OF PERSONS WITH INTELLECTUAL IMPAIRMENTS AND MENTAL DISABILITIES – INJURED BY CRIME
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Date
2024
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Publisher
Plovdiv University Press
Abstract
The article examines the theoretical statements and judicial practice on the issues related to the realization of the rights and the protection of the interests of persons with mental disabilities who have been injured by crimes. Conceptual differences in the use of separate terms such as victim of a crime, victim of a crime, intellectual impairments, mental disabilities and mental deficiencies have been clarified. An algorithm is proposed for identifying and confirming the mental disability of the injured persons, as well as the actions that should be taken by the decision-making authorities. Proposals de lege ferenda have been made to improve the legislation in the direction of ensuring mandatory protection of persons with specific intellectual needs in the criminal litigation process.
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Keywords
persons with intellectual impairments, persons with mental disabilities, persons injured by crime, victim of crime