Particularities of the hearing tactics in the case of persons with disabilities

AuthorGheorghe Popa - Gabriel Tiru
PositionRomanian-American University, Bucharest, Romania - Psychology Expert, Romania
Pages166-173
AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro
ISSN 1843-570X, E-ISSN 2067-7677
No. 4 (2013), pp. 166-173
166
PARTICULARITIES OF THE HEARING TACTICS IN THE CASE OF
PERSONS WITH DISABILITIES
Gh. Popa, G. îru
Gheorghe Popa
Romanian-American University, Bucharest, Romania
*Correspondence: Gheorghe Popa, 1B Expozitiei Blv., Sector 1, 012101, Bucharest, Romania
E-mail: popa_gheorghe1959@yahoo.com
Gabriel îru
Psychology Expert, Romania
Email: tiru.gabriel@gmail.com
Abstract
This paper attempts to polarize the attention of the judicial authorities of the
Romanian 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 psycho-
intellectual 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.
Keywords: deficiency, handicap, disability, special needs, accessibility, hearing,
communication strategies.
Introduction
When considering the behaviour and attitude of a representative of public authority in
relation to a person with special needs, particular attention is required, which derives from a
double perspective, referring to the concept of interpersonal relationship, as well as to the
expectations that society has of an institutionally-employed person. The violation of the first
concept is contrary to morality and subject to internal censorship and the violation of the
second concept clashes with deontological norms and with the entire national and
international law. Consequently, we have an intrinsic perspective of one’s self-image and an
extrinsic one of the institution’s image, both being equally important in the short term as well
as the long term, and damage to either should be carefully avoided.
The Hearing Tactics in the Case of Persons with Disabilities – General Rules
In support of the legal action taken to find out the truth, the criminal investigation
bodies must know, address and use appropriate methods and patterns of behaviour in relation
to a disabled person. While there are clear and precise rules in approaching the legal side of
the criminal investigation, their formal and informal application requires a particular approach
that takes into account the very particularity of the subject of these legal proceedings, the
person with special needs, with disabilities. The particularities of the approach will be dictated
by the categories of handicap (profound, severe, moderate and mild) and the dysfunctions

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