Peculiarities of criminal procedure in the investigation of criminal cases of persons with diminished capacity or legal incapacity

This master's thesis examines the peculiarities of criminal proceedings in relation to suspects and accused persons with mental and/or psychosocial disability and the challenge of proper adaptation ofthe conditions to those persons regarding their rights protection and implementation of measures to ensure their capasity. The paper analyses various issues, i.e. the concept of insanity and limited capacity, their criteria, the legal status of persons with mental and/or psychosocial disability in criminal proceedings, the characteristics of pre–trial investigation and judicial process, and recommendations for safeguarding the rights of suspects and accused persons with mental disabilities. By changing the institute of the capacity in national codes and complying it with international standarts it has become necessary to analyze the legal status of persons with mental disabilities in criminal proceedings and to compare the relation between legal capacity as civil law institute with suspect or accused person's legal capacity in criminal proceedings. In this way, distinguishing the most important rights granted to vulnerable persons and giving resolutions on the realization of the protection of these rights. As it was mentioned before, this paper deals with various issue, however, the attention is focused on the following aspects. Firstly, the issue of ensurance of legal status to suspects or accused persons with mental and/or psychosocial disability in criminal proceedings. Although according to the UN Convention on the Rights of Persons with Disabilities persons with physical or mental disabilities are recognized as having equal legal capacity with other persons in all areas of life, in practice, law enforcement authorities face with a difficult task to give the suspected or accused person a full procedural status while investigating the case, in accordance with the results of forensic psychiatric examination, which confirms that mentioned person has mental disabilities, therefore no procedural actions are being taken with such person and is becomes a passive participant. Secondly, ensuring the special needs and conditions of the suspect or accused person due to a mental disorder in such criminal proceedings. This issue is particularly significant, as it is being debatable and there are European Commission recommendations to Member States regarding the peculiarities and tactics that are recommended to be implemented in criminal proceedings, so that vulnerable persons could effectively participate in the process and it would be reduced their frustration as well as protected their rights. However, this good practice is not widely used in practice. Therefore it is necessary to bring into the attention of the importance of this issue at master's thesis