The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings

Abstract

The paper deals with the application of the current Russian criminal procedure legislation to criminal processes involving persons with limited cognitive abilities as a form of realizing the social responsibility of the modern state of law to its citizens. The paper studies the mechanism for ensuring the rights and legitimate interests of participants in criminal proceedings with limited cognitive capabilities. It also formulates practical proposals to improve this mechanism taking into account the provisions of the international law and the concept of modern legal understanding of the essence of the social state. The authors base their position on a compensatory approach, which allows ensuring the most equal opportunities for the participation of persons with limited cognitive abilities in criminal proceedings, without diminishing the rights of other participants. This approach may be applied not only to the category of persons in question: it is generally aimed at ensuring the enforcement of the rights of participants in criminal proceedings who have limited abilities. However, due to the limited scope, this paper only considers one category of such participants, which is the largest in terms of quantitative indicators, since it includes minors, persons of older age groups, persons with mental disorders, mental illnesses, persons being in physiological conditions that affect the level of their cognitive functions, etc.

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Publication Date

31 March 2022

eBook ISBN

978-1-80296-124-9

Publisher

European Publisher

Volume

125

Print ISBN (optional)

-

Edition Number

1st Edition

Pages

1-1329

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Cite this article as:

Kurbatova, S. M., Rusakov, A. G., & Fedotova, M. M. (2022). The Enforcement Of Procedural Rights Of Cognitively Vulnerable Participants Of Criminal Proceedings. In & I. Savchenko (Ed.), Freedom and Responsibility in Pivotal Times, vol 125. European Proceedings of Social and Behavioural Sciences (pp. 143-148). European Publisher. https://doi.org/10.15405/epsbs.2022.03.18