ABSTRACT

Obtaining a certificate establishing the degree of disability, in accordance with the procedure provided for in the aforementioned law, constitutes the basis for granting allowances and rights provided for disabled persons in other regulations. While the concept of a disabled person in the CRPD emphasises impediments to participation in society on the basis of equality with others, the criminal law concept of an incapacitated person (defined at the doctrinal level) centres around the inability to decide for one's own destiny. All of the provisions of the Criminal Act mentioned at the beginning of this part of the argument are intended to protect incapacitated persons, including persons with disabilities falling within the scope of this concept. In the Criminal Law of 1932, leading another person to a disadvantageous disposition of property by exploiting his or her incapability to comprehend the intended action was a type of criminal act separate from fraud.