Definition of Vulnerable Persons in Criminal Proceedings: EU and Lithuanian Perspectives

Abstract

In democratic societies, human rights play a pivotal role and every person is entitled to certain rights and freedoms. The question arises of whether and how society should help protect the rights of the most vulnerable persons who are not in the same position as the remaining part of society. The EU and other regional and international organizations enact various legal acts, recommendations, and programmes aimed at the protection of vulnerable persons, but they still lack some consistency. The aim of this article is twofold: (1) to discuss whether and how vulnerable persons are defined in EU legal acts, and to examine the special protections granted to them by comparing two categories of participants in criminal proceedings - suspects/accused persons versus victims of crime; (2) to evaluate whether EU requirements and recommendations are implemented in Lithuanian criminal procedure law and whether additional national legislation applies to the rights of these individuals, making some comparisons with other EU countries.