BETA

6 Amendments of Heinz K. BECKER related to 2013/0407(COD)

Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
In cases in which the law of a Member State provides that an authority other than a court having jurisdiction in criminal matters may impose penalties in relation to relatively minor offences and there is a right of appeal against the imposition of such penalties with a court having jurisdiction in criminal matters, Articles 5 to 9 of this Directive shall apply only in so far as the matter is referred to a court having jurisdiction in criminal matters following the lodging of an appeal.
2015/03/06
Committee: LIBE
Amendment 160 #
Proposal for a directive
Article 5 – paragraph 3
(3) Member States shall ensure that where the trial court makes an assessment as to the guilt of a suspect or accused person and there is reasonable doubt as to the guilt of that person, the person concerned shall be acquitted.deleted
2015/03/06
Committee: LIBE
Amendment 179 #
Proposal for a directive
Article 6 – paragraph 4
(4) Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.deleted
2015/03/06
Committee: LIBE
Amendment 181 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
(4a) In cases of minor offences and with due regard for the principle of a fair trial, Member States may provide that there exists a right to remain silent without prejudice to the possibility of legal proceedings or parts thereof being conducted in writing or without the suspect or accused being questioned by the police, law enforcement or other judicial authorities with regard to such minor offences.
2015/03/06
Committee: LIBE
Amendment 214 #
Proposal for a directive
Article 8 – paragraph 3 a (new)
(3a) Member States may provide that the competent court may exclude the suspect or accused from the proceedings after a warning, temporarily or for the entire duration of the proceedings, if this occurs in the interests of ensuring the smooth conduct or the orderliness of the criminal proceedings in so far as the rights of the defence are not thereby violated.
2015/03/06
Committee: LIBE
Amendment 215 #
Proposal for a directive
Article 8 – paragraph 3 b (new)
(3b) The provisions of this Article shall not apply if, in accordance with the provisions of national procedural law, legal proceedings or parts thereof are conducted in writing, providing this occurs with due respect for the principle of a fair trial.
2015/03/06
Committee: LIBE