2 Amendments of Merja KYLLÖNEN related to 2013/0409(COD)
Amendment 96 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a In respect of minor offences, and provided this is in conformity with the right to a fair trial, this Directive shall not apply: a. where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or b. where deprivation of liberty cannot be imposed as a sanction.
Amendment 118 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Article 4 – paragraph 2a (new) Without prejudice to the right to a fair trial, in case of short term deprivation of liberty and when this is not proportionate taking account the interests of justice, paragraphs 1 and 2 shall not apply.