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Around nine million people are the subject of criminal justice proceedings every year in the EU. At the same time, a significant share of those suspected or accused of criminal offences are not found guilty and are never convicted.
Despite the obligation of criminal justice authorities to strictly observe the presumption of innocence, suspects and accused are always subject to certain restrictions and consequences during the criminal proceedings, most of which affect their personal and social sphere. All of these restrictions (such as remand measures or restrainig orders) have their legitimate purpose sbut can have certain negative consequences for suspects and accused: loss of job or income, additional expenses, loss of social benefits, worsened relations with family and community, etc.
Defendants such as people with intellectual and psychosocial disabilities are also exposed to a major level of vulnerability when they to come into sight of the law-enforcement and justice authorities, which might hinder their equal treatment.
Beyond its solemnity, justice remains after all an exercise, a system, a “voice”, carried out, crafted or built and expressed by humans with a correspondent level of fallibility. Be it for the defendant possibly involved in a crime or misdemeanour, the police officer arresting him/her, the lawyer trying to defend his/her rights, the public prosecutor building his/her culpability on grounds he/she retains reliable or the judge making its verdict by weaving the pros and cons and according to its own perceived rationale of the reconstructive criminal tale.
Of course, justice should take its due course and impunity is not an option. However, all safeguards should be guaranteed to make sure rights of suspects and accused are fully respected and the criminal proceedings carried out against them are fair, also in the light of their specific condition, vulnerability or disability.
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