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

(2016)
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Abstract
This research had the purpose of taking the measure of the current (and future) arsenal of instruments within the European Area of Freedom, Security and Justice (AFSJ) that focus on European cooperation in criminal matters. For this, a selection of the relevant instruments of cooperation based on the principle of mutual recognition in criminal matters was made. This objective was then approached from the perspective of mentally disordered suspects or offenders. Starting from a dual focus - 1. the position of such suspects and offenders in these procedures and the consequences for them, and 2. the possible problems related to such persons for the instruments of mutual recognition and the consequences for an efficient and equitable cooperation - this study seeks to make both an actual (and previously unexplored) contribution to the existing legal doctrine on mutual cooperation in criminal matters, as well as build a bridge between the research fields of legal science criminology and forensic sciences. On the basis of an analysis of the relevant instruments stretching over the pre-trial, trial and post-trial phase, opportunities and problems were enumerated. In addition, attention was also paid to the broader themes of the AFSJ: the difficult relationship between fundamental (human) rights and the principles of mutual recognition, the relationship between mutual recognition and harmonization within the European criminal policy and the competence debate of the European institutions were treated and discussed through a link on the position of an accused or convicted person with psychiatric problems. Based on the results of this research, recommendations were formulated in order to improve the situation of these vulnerable persons involved, and better the cooperation in criminal matters within the European Union.

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Citation

Please use this url to cite or link to this publication:

Chicago
Meysman, Michaël. 2016. “The Position of Mentally Disordered Suspects and Offenders Across Europe and the Implications for European Cooperation”. Ghent, Belgium: Ghent University. Faculty of Law.
APA
Meysman, Michaël. (2016). The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation. Ghent University. Faculty of Law, Ghent, Belgium.
Vancouver
1.
Meysman M. The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation. [Ghent, Belgium]: Ghent University. Faculty of Law; 2016.
MLA
Meysman, Michaël. “The Position of Mentally Disordered Suspects and Offenders Across Europe and the Implications for European Cooperation.” 2016 : n. pag. Print.
@phdthesis{8074845,
  abstract     = {This research had the purpose of taking the measure of the current (and future) arsenal of instruments within the European Area of Freedom, Security and Justice (AFSJ) that focus on European cooperation in criminal matters. For this, a selection of the relevant instruments of cooperation based on the principle of mutual recognition in criminal matters was made. This objective was then approached from the perspective of mentally disordered suspects or offenders. Starting from a dual focus - 1. the position of such suspects and offenders in these procedures and the consequences for them, and 2. the possible problems related to such persons for the instruments of mutual recognition and the consequences for an efficient and equitable cooperation - this study seeks to make both an actual (and previously unexplored) contribution to the existing legal doctrine on mutual cooperation in criminal matters, as well as build a bridge between the research fields of legal science criminology and forensic sciences. On the basis of an analysis of the relevant instruments stretching over the pre-trial, trial and post-trial phase, opportunities and problems were enumerated. In addition, attention was also paid to the broader themes of the AFSJ: the difficult relationship between fundamental (human) rights and the principles of mutual recognition, the relationship between mutual recognition and harmonization within the European criminal policy and the competence debate of the European institutions were treated and discussed through a link on the position of an accused or convicted person with psychiatric problems. Based on the results of this research, recommendations were formulated in order to improve the situation of these vulnerable persons involved, and better the cooperation in criminal matters within the European Union.},
  author       = {Meysman, Micha{\"e}l},
  language     = {eng},
  pages        = {IV, 210},
  publisher    = {Ghent University. Faculty of Law},
  school       = {Ghent University},
  title        = {The position of mentally disordered suspects and offenders across Europe and the implications for European cooperation},
  year         = {2016},
}