PARTICULARITIES OF THE HEARING TACTICS IN THE CASE OF PERSONS WITH DISABILITIES
DOI:
https://doi.org/10.15837/aijjs.v7i4.838Keywords:
deficiency, handicap, disability, special needs, accessibility, hearing, communication strategies.Abstract
This paper attempts to polarize the attention of the judicial authorities of theRomanian State on the complex issues raised by the hearing of persons with special needs
from two perspectives, that of compliance with the criminal procedural framework and that of
the observance of human rights. It also aims to provide practical solutions that might
facilitate communication with such persons depending on their type of disability and solve the
problem of accessibility in the investigator-citizen relationship. Modern approaches in the
specialized literature grant an increasingly wider space to knowing the accused or the
defendant’s personality, adapting the investigator’s speech to this reference point and
individualizing the ways of relating throughout the judicial investigation. Moreover, a specific
pattern of the personality of the criminal investigation body is outlined, through the psychointellectual
and moral-affective qualities of the person leading the investigation that might
ensure the success of this judicial approach specific to the hearing of people with special
needs.
References
*** Romanian Criminal Procedure Code of 01.07.2010, published in the Official
Journal, Part I, no. 486 of 15.07.2010.
*** European Disability Strategy 2010-2020 - Communication from the Commission
to the European Parliament, the Council, the European Economic and Social Committee and
the Committee of the Regions - European Commission Brussels, 15.11.2010 COM (2010)
final. {SEC (2010) 1323} {SEC (2010) 1324}.
Understanding Disability - a Good Practice Guide / ETTAD - 134653-UKGRUNDTVIG-
GMP.
Handbook of Prisoners with Special Needs, Criminal Justice Handbook Series, United
Nations Office on Drugs and Crime - Vienna, United Nations Publication, New York, 2009.
A Guide to International Human Rights Instruments for Persons with Intellectual
Disability, Inclusion Europe and Incluziune România (Inclusion Romania).
Ion Neagu, Tratat de procedură penală (A Treatise on Criminal Procedure),
Universul Juridic Publishing House, 2008.
Tudorel Butoi, Psihologie judiciară - Tratat universitar (Legal Psychology - a
University Treatise), Pinguin Book Publishing House, Bucharest, 2008.
Emilian Stancu, Procedee tactice folosite în investigaţiile penale. Evoluţii (Tactical
Procedures Applied in Criminal Investigations. Evolutions), AIT Laboratories Publishing
House, Bucharest, 2011.
Tiberiu Bogdan, Ion Sîntea, Rodica Drăgan Cornianu, Comportamentul uman în
procesul judiciar (Human Behaviour in the Judicial Process), Ed. MI (Ministry of the Interior
Publishing House), 1988.
