Disability and the elderly
The Public Prosecutor's Office has a relevant initiative with respect to the group of persons who require support measures in view of the disability that affects them. The information reflects the number of Prosecutor's Office proceedings which, as an internal procedure, deal with the analysis of the problems of these persons, prior to eventually going to a judicial body to request the adoption of measures. The second block of information refers to the cases in which the Public Prosecutor's Office takes these matters to court through the filing of the appropriate lawsuits and the sentences handed down in the proceedings initiated by the Public Prosecutor's Office.
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1.Thematic:
Sectoral information.
2.Indicators:
- Initiating documents MF: group the following measures:
·
Lawsuits for support measures LJV: in the event that the person with a
disability, or another interested party or the public prosecutor''s
office objects to the granting of any measure in support of his or her
capacity, the voluntary jurisdiction file must be closed and an oral
action must be filed to grant it. The Public Prosecutor may bring this
legal action.
· Requests for support measures LJV: the public
prosecutor can initiate a voluntary jurisdiction procedure to request
a judicial support measure for a person (guardianship or
court-appointed ombudsman). A support measure can be agreed to help a
person who has difficulties in self-management, in deciding and acting
on the various aspects of his or her life.
- Court rulings: group
the following measures:
· Sentences: are the court decisions
issued in the contentious proceedings brought by the public prosecutor
to request a judicial support measure for a person.
· Orders:
are the judicial decisions issued in the voluntary jurisdiction
proceedings brought by the public prosecutor to request a judicial
support measure for a person.
- Judicial Proceedings: total number
of proceedings in which the prosecutor has
participated/adjudicated.
- Pre-trial proceedings: the Public
Prosecutor documents the activity he carries out in the civil sphere
by means of pre-procedural proceedings which are finalised by decree.
In these proceedings, the Public Prosecutor carries out the necessary
investigations to decide on the need for support for a person with a
disability; situations of urgency or risk of lack of protection for a
disabled or elderly person; the adequacy of the situation of
internment centres and respect for the rights of persons admitted to
psychiatric units and centres, as well as residential and
socio-sanitary centres for elderly or disabled persons. And finally,
they are also the channel for the supervision of protected
estates.
- Visits: face-to-face visits and video calls carried out
by prosecutors to monitor the respect of the rights of persons held
without their consent in psychiatric detention centres, the situation
of persons residing in social-health and residential centres for
elderly and/or disabled persons.
3.Geographical scope:
The information covers the whole of the national territory.Data
is published at national level, by Autonomous Communities and provinces.
4.Application bodies:
Public Prosecutor's Office.
5.Time coverage:
Information on a daily basis, with data available from 2018.
6.Updating of data:
Data is updated on an annual basis.
7.Standardisation processes:
The geographical data is standardised in accordance with
theCTEAJE Technical Regulations (reference standard for IT tools in
the field ofthe Administration of Justice).
8.Adjustment:
No seasonal adjustment, decomposition of time series orsimilar
methods are carried out.
9.Source:
The data is obtained from the Attorney General's Office.