The issue of mental illness has been complex from the outset. The protection afforded to those suffering from a mental disorder has undergone advances and setbacks throughout history. Nowadays, it has remained a controversial issue, still dividing the doctrine. Throughout this study, we will seek answers to the problem of incompetence to stand trial in situations where it results from a mental anomaly which arises after the fact. Initially reflecting on how the problem is dealt with by European Union Law, International Law and other legal systems, it is in the current portuguese criminal procedure law that we will try to define a regime which safeguards the defence guarantees of the defendant who is unable to participate in and follow the proceedings, as well as the rights that derive from these guarantees.
| Date of Award | 29 Jan 2025 |
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| Original language | Portuguese |
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| Awarding Institution | - Universidade Católica Portuguesa
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| Supervisor | Helena Magalhães Bolina (Supervisor) |
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- Subsequent psychic anomaly
- Procedural incapacity
- Defendant
- Defence guarantees
- Adversarial proceedings
- Physical absence
- Intellectual absence
- Mental health
A ponderação da anomalia psíquica posterior à prática do crime no âmbito do processo penal
Pereira, B. G. (Student). 29 Jan 2025
Student thesis: Master's Thesis