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Elderly defendants in criminal proceedings
Pavlović, Zoran
Human rights norms do not provide for age as an obstacle to criminal prosecution or detention of elderly persons, and criminal prosecution and punishment of the elderly have the same goal of general and special prevention. Elderly persons must be treated in a manner consistent with human rights even when accused or convicted of criminal offences. These rights include non-discrimination, access to justice, fair trial, respect for dignity, humane treatment etc. According to the gen-eral rules of criminal procedure, the prosecutor's office and the courts should take into account age in the context of the presence of the defendant's procedural ca-pacity for legitimatio ad causam and capacity for legitimatio ad processum, re-gardless of the criminal offense and the consequences during the entire procedure. It is necessary to establish adequate solutions and eventual special measures of support where necessary for victims of criminal acts and for elderly defendants, in order to properly and legally conduct criminal proceedings. This also requires the obligation of the criminal procedure authorities to have the necessary knowledge in order to enable elderly defendants to actively participate in the age and capabil-ities of the elderly.
engleski
2023
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Keywords: elderly persons in criminal proceedings, special knowledge of procedural authorities about the elderly, adaptation of procedural rules to age.
129922313