Differential Protection of Vulnerable Accused in Criminal Proceedings (Looking at EU Laws)

Document Type : Research Paper

Author

Assistant Professor of Criminal Law and Criminology, Law Department, Faculty of Literature and Human Sciences, Shahrekord University, Shahrekord, Iran.

Abstract

The main goal of criminal justice system is to acquit the innocent and punish the guilty. Achieving this goal, which is possible by observing the rules of fair trial and defense rights of defendants, is more difficult for a group of defendants who, for various reasons, are unable to understand the criminal trial process and follow it, and are called vulnerable defendants. This issue shows the necessity of a differential view of the criminal legislator towards them. In this paper, we aim to present an understandable definition of vulnerable defendants, using a descriptive and analytical method and using library resources, as well as examining their problems in facing the criminal justice system, in order to propose specific support solutions for them. The comparative study shows that the use of strategies to strengthen their interaction and communication with the police and judicial authorities and strengthening their defense rights, can be efficient.

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