7 Amendments of Rainer WIELAND related to 2010/0215(COD)
Amendment 54 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. For the purposes of this directive, the term ‘child’ shall mean any person under the age of 18.
Amendment 57 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptly with information on his procedural rights in simple and accessible language, either orally or in writing.
Amendment 60 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The information referred to in paragraph 1 shall include as a minimum: – the right of access to a lawyer, where necessaryto interpreting and translation, – the right of access to legal assistance and the conditions for access to legal assistance free of charge, – the right to be informed of the charge and, where appropriate,, – the right to be given access to the case- file, – the right to interpretation and translation and to the evidence, including evidence held by the authorities, insofar as this does not compromise investigations, – the right to remain silent, – the right to request the collection of evidence, – the right to be brought promptly before a court if the suspected or accused person is arrested.
Amendment 82 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1 a (new)
Article 4 – paragraph 2 – subparagraph 1 a (new)
In addition to the information to be given under Article 3(2), the person deprived of liberty shall be informed of the following: a) for how many hours/days he or she may be deprived of liberty before being brought before a judicial authority; b) how to challenge the arrest and how to secure a review of his or her detention; c) the maximum period he or she may legally be held in pre-trial detention.
Amendment 91 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that a suspected or accused person is provided with sufficient information about the charge to safeguard the fairness of the criminal proceedingseffectively exercise his or her right of defence.
Amendment 94 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case of a child or a person with a mental disability, information about the chargesaccusation shall be provided in a manner adapppropriated to his age, level of maturity and intellectual and emotional capacbilities.
Amendment 96 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information to be given shall include: (a), at least, a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused person and (b) the nature and legal classification of the offence.