5 Amendments of Emil RADEV related to 2013/0407(COD)
Amendment 46 #
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been proved guilty according to law, a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convictedguilty.
Amendment 54 #
Proposal for a directive
Recital 17
Recital 17
(17) Any compulsion used to compelagainst the suspect or accused person to provide information should be limitedwith the aim of uncovering details of the offence at issue should be clearly and fully provided for in legislation that also indicates the circumstances in which it may be exercised, and must be subject to judicial oversight. To determine whether the compulsion did not violate those rights, the following should be taken into account, in the light of all circumstances of the case: the nature and degree of compulsion to obtain the evidence, the weight of the public interest in the investigation and punishment of the offensce at issue, the existence of any relevant safeguards in the procedure and the use to which any material so obtained is put. However, the degree of compulsion imposed on suspects or accused persons with a view to compelling them to provide information relating to charges against themuncovering details of the offence at issue should not destroy the very essence of their right not to incriminate one-selfthemselves and their right to remain silent, even for reasons of security and public order.
Amendment 93 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that suspects or accused persons have the right, throughout the criminal proceedings, to remain silent when questioned, by the police or other law enforcement or judicial authorities, in relation to the offence that they are suspected or accused of having committed.
Amendment 95 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons, in a language which they understand, of their right to remain silent, and shall explain the content of this right and the consequences of renouncing or invoking it.
Amendment 101 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4а. Member States shall ensure that suspects or accused persons do not bear criminal responsibility for giving untrue explanations at any stage of the criminal proceedings.