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The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters

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Abstract
In its press release of 27 November 2013, the European Commission presented two proposals directly stemming from the Council Procedural Roadmap’s Measure E on the need for special safeguards for suspected or accused persons who are vulnerable. Whereas the roadmap envisions improved attention for a vulnerable subject regardless of the origins of this vulnerability – be it due to age, mental or physical condition – the recent proposals indicate a clear differentiation between vulnerability based on the defendant’s age on the one hand, and the (adult) defendant’s mental or physical capacities on the other hand. As such, a proposal for a Directive for procedural safeguards for children was presented, whereas adult defendants in criminal proceedings will have to satisfy with a mere non-binding Recommendation. While it may be defended that an accumulation of these sources for diminished capacity is not preferable, the Commission’s approach and underlining rationale seem equivocal. Competence issues and demonstrated needs will serve as samples for this. Without aiming to promote a viewpoint of vulnerability where one cause is hierarchically decisive over the other, a case will be made for an equally adequate instrument for defendants with a mental disorder in criminal proceedings.
Keywords
EU, mental disorder, fair trial, detention conditions, case-law, evidence

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Citation

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MLA
Meysman, Michaël. “The Position of Mentally Disordered Suspects and Offenders across Europe and the Implications for European Cooperation in Criminal Matters.” XXXIVth International Congress on Law and Mental Health, Abstracts, 2015.
APA
Meysman, M. (2015). The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters. XXXIVth International Congress on Law and Mental Health, Abstracts. Presented at the XXXIVth International Congress on Law and Mental Health, Vienna, Austria.
Chicago author-date
Meysman, Michaël. 2015. “The Position of Mentally Disordered Suspects and Offenders across Europe and the Implications for European Cooperation in Criminal Matters.” In XXXIVth International Congress on Law and Mental Health, Abstracts.
Chicago author-date (all authors)
Meysman, Michaël. 2015. “The Position of Mentally Disordered Suspects and Offenders across Europe and the Implications for European Cooperation in Criminal Matters.” In XXXIVth International Congress on Law and Mental Health, Abstracts.
Vancouver
1.
Meysman M. The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters. In: XXXIVth International Congress on Law and Mental Health, Abstracts. 2015.
IEEE
[1]
M. Meysman, “The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters,” in XXXIVth International Congress on Law and Mental Health, Abstracts, Vienna, Austria, 2015.
@inproceedings{6885042,
  abstract     = {{In its press release of 27 November 2013, the European Commission presented two proposals directly stemming from the Council Procedural Roadmap’s Measure E on the need for special safeguards for suspected or accused persons who are vulnerable. Whereas the roadmap envisions improved attention for a vulnerable subject regardless of the origins of this vulnerability – be it due to age, mental or physical condition – the recent proposals indicate a clear differentiation between vulnerability based on the defendant’s age on the one hand, and the (adult) defendant’s mental or physical capacities on the other hand. As such, a proposal for a Directive for procedural safeguards for children was presented, whereas adult defendants in criminal proceedings will have to satisfy with a mere non-binding Recommendation. While it may be defended that an accumulation of these sources for diminished capacity is not preferable, the Commission’s approach and underlining rationale seem equivocal. Competence issues and demonstrated needs will serve as samples for this. Without aiming to promote a viewpoint of vulnerability where one cause is hierarchically decisive over the other, a case will be made for an equally adequate instrument for defendants with a mental disorder in criminal proceedings.}},
  author       = {{Meysman, Michaël}},
  booktitle    = {{XXXIVth International Congress on Law and Mental Health, Abstracts}},
  keywords     = {{EU,mental disorder,fair trial,detention conditions,case-law,evidence}},
  language     = {{eng}},
  location     = {{Vienna, Austria}},
  title        = {{The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation in criminal matters}},
  year         = {{2015}},
}