On Procedural Guarantees for Vulnerable Persons, Suspects, Accused of Committing a Crime: the International-European Aspect

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Abstract

The purpose of the research. The article draws attention to the fact that not all people are equal in their age, physiological and social characteristics. This determines the vulnerability of such persons to various external factors, including those caused by their participation in legal relations, and in particular, in criminal proceedings. This is especially relevant in relation to vulnerable suspects and accused persons, since it is these participants in criminal proceedings who are exposed to the main impact in the process of investigation and judicial review of criminal cases.

Conclusions. In cases where vulnerable persons act as suspects, accused as participants in criminal proceedings, the problem arises of the possibility of their proper procedural participation. To solve this problem, first of all, an appropriate regulatory framework is needed. Considering the role and importance of international law as a guideline for improving national legislation in ensuring the implementation and protection of human rights.

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About the authors

Svetlana M. Kurbatova

Krasnoyarsk State Agrarian University, Russian Federation; Siberian federal university

Author for correspondence.
Email: sveta_kurbatova@mail.ru
ORCID iD: 0000-0001-8518-9233
SPIN-code: 6197-2655
Scopus Author ID: 687002
ResearcherId: AAG-3789-2019

Cand.Sci.(Law), Associate Professor, Associate professor of the Criminal process, Forensics and Judicial expertize Department

Krasnoyarsk; Krasnoyarsk

References

  1. Bertovsky L. V. Protection of the rights and legitimate interests of participants in legal proceedings as an element of the criminal policy of the state // Military-legal and humanitarian sciences of Siberia. – 2020. – № 4(6). – Pp. 81-84.
  2. Kurbatova S. M. On the problems of unsettled features of participation in criminal proceedings of persons with disabilities // Gaps in Russian legislation. - 2023. – Vol. 16, No. 2. – pp. 257-261.
  3. Nesmeyanova S. E., Kalinina E. G. The concept of vulnerability of individual groups of persons: international and national experience / S. E. Nesmeyanova, // Russian law: education, practice, science. – 2017. – № 4(100). – Pp. 7-12.
  4. Waddington L. EU Criminal Law and Persons with Disabilities: Reflections on “Vulnerability" and the Influence of the CRPD AJIL Unbound. 2022;116:84-89.

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