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6 Amendments of Helga STEVENS related to 2013/0407(COD)

Amendment 67 #
Proposal for a directive
Recital 8
(8) This Directive should apply to natural persons who are suspected or accused of having committed a criminal offence. It should apply at any stage of the proceedings, even before those persons are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, until the conclusion of such proceedings.
2015/03/06
Committee: LIBE
Amendment 72 #
Proposal for a directive
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant case law of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons.
2015/03/06
Committee: LIBE
Amendment 118 #
Proposal for a directive
Recital 27
(27) In order to monitor and evaluate the effectiveness of this Directive, Member States should collect data with regard to the implementation of the rights set out in this Directive. Such data should include data recorded by law enforcement and judicial authorities as regards the remedy applied where there has been a breach of any of the aspects of the right to presumption of innocence covered by this Directive and a breach of the right to be present at one's trial.deleted
2015/03/06
Committee: LIBE
Amendment 157 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall ensurmay provide that any presumption, which shifts the burden of proof to the suspects or accused persons, is of sufficient importance to justify overriding that principleboth reasonable and proportionate in light of the particular circumstances and is rebuttable.
2015/03/06
Committee: LIBE
Amendment 189 #
Proposal for a directive
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person ats a later stage in the proceedings and shall not be considered as a corroboration of factcorroboration of facts in a later stage of proceedings.
2015/03/06
Committee: LIBE
Amendment 222 #
Proposal for a directive
Article 11 – paragraph 1
Member States shall, by […] and every three years thereafter, send to the Commission data showing how the rights under in this Directive have been implemendeleted.
2015/03/06
Committee: LIBE