4 Amendments of Heinz K. BECKER related to 2013/0409(COD)
Amendment 53 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It would be going too far to provide for a right to provisional legal aid in connection with minor offences, in particular under the administrative law, such as traffic offences. The right to provisional legal aid should therefore not apply in cases where, under national law, authorities other than the ordinary courts have the power to impose penalties for such minor offences.
Amendment 55 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) Brief curtailments of personal liberty, for example in the form of a court summons to appear as a witness or an order by the police to stop for the purposes of an identity check or a search, should not be regarded as deprivation of liberty within the meaning of this Directive and should therefore be excluded from its scope.
Amendment 92 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This Directive shall not apply in connection with minor offences if, under national law, an administrative penalty may be imposed by an authority other than a public court and an appeal against the imposition of that penalty may be lodged with a court.
Amendment 95 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a In keeping with the fundamental right to a fair trial, this Directive shall not apply in cases involving brief curtailment of a person's liberty, in particular in connection with identity checks, checks to determine whether an investigation should be opened, the taking of DNA samples, the performance of an alcohol test or other actions to secure evidence, checks to determine whether the person is in possession of illegal items or items which are not allowed in public places, such as drugs or weapons, or to guarantee the presence of a suspect or an accused person before a judicial authority or a court, for the purposes of questioning or the securing of evidence.