Variable vulnerabilities? Comparing the rights of adult vulnerable suspects and vulnerable victims under EU law

Suzanne van der Aa

    Research output: Contribution to journalArticleScientificpeer-review

    120 Downloads (Pure)

    Abstract

    EU instruments regulating the rights of adult vulnerable victims and vulnerable suspects differ in their conceptualization of ‘vulnerability’. The Victim Directive mainly focuses on persons who are vulnerable to secondary victimization due to external factors, while vulnerability in the Recommendation on procedural safeguards for vulnerable persons suspected or accused in criminal proceedings hinges on endogenic factors, such as the suspect’s mental or physical condition. Its aim is to remedy the suspect’s inability to understand and to effectively participate in criminal proceedings. These different conceptualizations have resulted in different guarantees for vulnerable victims and vulnerable suspects. The Recommendation contains provisions that – once adopted in a victims’ rights instrument – could considerably strengthen the current protection of vulnerable victims and vice versa. In order to provide for a more comprehensive protection the EU should embrace both perspectives in its dealings with vulnerable persons, regardless of whether they are victims or suspects.
    Original languageEnglish
    Pages (from-to)39-58
    Number of pages19
    JournalNew journal of European criminal law
    Volume7
    Issue number1
    DOIs
    Publication statusPublished - 2016

    Keywords

    • criminal proceedings
    • EU law
    • victims' rights
    • vulnerable suspects
    • vulnerable victims

    Fingerprint

    Dive into the research topics of 'Variable vulnerabilities? Comparing the rights of adult vulnerable suspects and vulnerable victims under EU law'. Together they form a unique fingerprint.

    Cite this