Alternativas al enjuiciamiento de acusados con falta de capacidad procesal por trastorno mental grave

Abstract

In cases in which defendants are incompetent to stand trial due to severe mental disorder before the process and along it, the Spanish Criminal Procedure Code establishes that, once the investigation is completed, the trial must be opened against those defendants, in order to impose a security measure in case of acquittal because of exemption from criminal liability. Regarding legal doctrine, modern jurisprudence and EU law, the exercise of a criminal action against someone who lacks competency to stand trial for serious mental disorder violates the right to an effective judicial protection and to a fair trial. In this paper it will be analyzed the current Spanish regulation related to the lack of competency to stand trial of insane defendants. Moreover, interpretative and legal alternatives will be proposed with the aim to improve the constitutionally debatable solution in force.