JUSTICE FOR ALL EXECUTIVE SUMMARY This comparative report is the result of a two-year research project co-funded by the European Union's Justice Programme programme and led by the Ludwig Boltzmann Institute of Fundamental and Human Rights in collaboration with partners from Bulgaria, Germany, Italy, Lithuania, and Slovenia. The research examined the implementation of EU Framework Decisions related to judicial cooperation in criminal proceedings, emphasising the rights of defendants and detainees with intellectual and/or psychosocial disabilities. In addition, the research assessed the situation of defendants and detainees with intellectual and/or psychosocial disabilities within the national systems in law and practice and the compliance with international, regional, and national standards, as these factors may impact cross-border cooperation. The project covers procedural safeguards, treatment of persons with intellectual and/or psychosocial disabilities during deprivation of liberty, alternatives to detention and probation measures. The research explored the legal pathways leading to the deprivation of liberty for individuals with intellectual and/or psychosocial disabilities following their involvement in criminal offences. The examination of (criminal) legal capacity and criminal responsibility, and access to justice for defendants and detainees with intellectual and/or psychosocial disabilities reveals significant challenges within the legal systems of the partner countries. The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), particularly Art 12, establishes the principle of 'universal legal capacity,' emphasising equality in legal standing irrespective of disability. However, the research indicates that several European Union (EU) Member States link a denial of criminal legal capacity to disabilities, potentially impacting the exercise of procedural rights, the outcome of criminal proceedings, and the imposition of measures. The lack of criminal legal capacity may result in special proceedings involving security measures, compulsory treatment or preventive detention. Across the partner countries, the assessment mechanisms for identifying disabilities pose challenges, with inadequate mechanisms to identify indicators and insufficient safeguards for early identification, as well as concerns raised about the quality and impartiality of expert opinions. The scarcity of expert witnesses, influenced by low salaries, further exacerbates these challenges. The prevailing medical approach to assessments focuses primarily on determining criminal legal capacity, lacking consideration for support needs and the ability to withstand trial pressures. Overall, the lack of adequate mechanisms for early disability identification may result in the denial of necessary support for equal access to justice, emphasising the necessity for a more comprehensive and inclusive approach. Regarding procedural rights, the research shows that despite existing standards to safeguard procedural rights, there is a lack of accommodations for individuals with disabilities during criminal proceedings and the partner countries have not implemented relevant (non-binding) international standards, including from the European Commission. The research reveals variations in the provisions for legal representation for individuals with intellectual and/or psychosocial disabilities, and the effectiveness of defence mechanisms may be compromised in some cases. While some existing specific procedural provisions in national criminal justice systems for persons with intellectual and/or psychosocial disabilities intend to provide accommodations, these proceedings may inadvertently circumvent general procedural safeguards, potentially impacting the defendants' rights. The research underscores the need for comprehensive reforms to align legal practices with the principles of the UNCRPD and ensure equal access to justice for individuals with disabilities. In the context of this research, deprivation of liberty of persons with intellectual and/ or psychosocial disabilities encompasses imprisonment and confinement in psy- 13

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