7 Amendments of Daniel BUDA related to 2013/0407(COD)
Amendment 68 #
Proposal for a directive
Article 2
Article 2
This Directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedings or until proceedings have been definitively wound up by the criminal investigation authorities or a final judgment handed down by the courts, as the case may be.
Amendment 71 #
Proposal for a directive
Article 3
Article 3
Member States shall ensure that suspects or accused persons are presumed innocent until proven guilty according to lawthrough a final sentence handed down in criminal proceedings.
Amendment 78 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the burden of proof in establishing the guilt of suspects or accused persons is on the prosecution. Where a civil action is pursued during the criminal trial, the burden of proof shall be on the civil party, except in cases where the victim does not have capacity. This is without prejudice to any ex officio fact finding powers of the trial court.
Amendment 83 #
Proposal for a directive
Article 5 – paragraph 3
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 andan assessment of the proof as regards the existence of the fact, the elements constituting the offence, subjectively and objectively, and any impediment which might prevent the criminal investigation bodies or the trial court from commencing and pursuing the criminal case shows that there is reasonable doubt as to the guilt of thata suspect or accused person, theat person concerned shall be acquitted.
Amendment 90 #
Proposal for a directive
Article 6 – paragraph 4
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 proceedingsand shall be removed from the case file.
Amendment 99 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – 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.
Amendment 107 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) does not request a retrial or lodge an appeal within a reasonable time framethe time limit for appeal set by law.