DREPTURILE SI GARANTIILE PERSOANELOR CU DIZABILITATI ÎN DREPTUL PENAL
THE RIGHTS AND GUARANTEES OF PERSONS WITH DISABILITIES IN CRIMINAL LAW

Summary/Abstract: criminal process, is necessary to be able to look exhaustively at their procedural position, their rights and obligations, as well as any consequences of a criminal nature regarding them. In this context, we will refer to both domestic and international legal provisions in the matter, following with interest the existence of similarities, but also of regulatory differences.The Romanian legislator ensures through the adopted legal provisions the promotion, protection and full exercise and under equal conditions of all fundamental human rights and freedoms by all persons with disabilities, as well as the promotion of respect for their intrinsic dignity, without discrimination of any kind.Internationally, the adopted regulations come to complete the domestic legislative palette, signaling the constant concern for these categories of people, by referring to their procedural position – active or passive subjects of crimes and the criminal process.In domestic and international practice, we have reported violations of domestic legal provisions, as well as a non-compliance with those pronounced by the European Court of Human Rights in the matter, which obliges us to reflect and be cautious.

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