Prozessuale Handlungsfähigkeit eines Verdächtigen (Beschuldigten)

Translated title of the contribution: The suspect’s (indictee’s) criminal procedural capability: Įtariamojo (kaltinamojo) baudžiamasis procesinis veiksnumas

Research output: Contribution to journalArticle

Abstract

The parties of the criminal process, possessing the same procedural status (the suspects, indictees), must also have the same rights and obligations; however, if such “differences” as mental disability exists between them, discrimination of the rights and obligations is objectively justifiable. Otherwise, deviation from the constitutional principles of equality between the lawful state and the persons would occur.The article is aimed at substantiating the suspect’s (indictee’s) procedural capability, which is predetermined by the person’s psychic condition. The article starts with an analysis of the category of the general procedural legal subjectivity, which is composed of the procedural legal capacity and the procedural capability. It is stressed that the problem with the suspect’s (indictee’s) procedural subjectivity is related to the items on acquisition of the party’s possibility (permission) to act and on the realization of this possibility (making use of the subjective rights and implemen tation of the legal obligations) in the course of the process. The Constitutional Court of the Republic of Lithuania has noted that, generally speaking, legal subjectivity is to be considered as a tool for defending one’s rightful interests. The criminal procedural capability, which is not legally consolidated in Lithuania, contrariwise to the civil procedural capability, is investigated further on in the article. The author submits several scientific provisions, with the help of which she reveals the content of the suspects’ (indictees’) procedural capability via the criteria of his/her intellect and will. Certain points of contact of substantiation of such procedural capability, with the doctrine of the countries, which practice both general and continental law, are indicated.
While generalizing the provisions, submitted in the present article, it is stated that the suspect’s (indictee’s) procedural capability is predetermined by his/her such psychic capability, which allows to perceive the essence, nature and significance of the whole criminal process (including the essence, nature and significance of the criminal deed) and of one’s procedural position, as well as allowing the implementation of the procedural rights and obligations. The above-mentioned capabilities may be restricted through mental disorders (the limited procedural capability) or repealed totally (the procedural incapability).
Original languageGerman
Pages (from-to)245-259
JournalJurisprudencija: mokslo darbai
Issue number4
Publication statusPublished - 2010

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obligation
subjectivity
Lithuania
legal capacity
mental disability
constitutional court
human being
mental disorder
doctrine
equality
republic
discrimination
contact
Law

Keywords

  • Criminal procedure
  • Disability
  • Suspected person
  • Accused person
  • Capability

Cite this

Prozessuale Handlungsfähigkeit eines Verdächtigen (Beschuldigten). / Zajanckauskiene, Jolanta.

In: Jurisprudencija: mokslo darbai, No. 4, 2010, p. 245-259.

Research output: Contribution to journalArticle

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