13 Amendments of Rainer WIELAND related to 2011/0154(COD)
Amendment 15 #
Proposal for a directive
Title 1
Title 1
Amendment 16 #
Proposal for a directive
Title 1
Title 1
Proposal for a Directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate uponin the event of arrest
Amendment 21 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Definitions For the purpose of this Directive: (a) "child" means a person below the age of 18 years; (b) "lawyer" means a person who is entitled under national legislation to assist in all stages of criminal proceedings.
Amendment 22 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies from the timin cases where a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal.
Amendment 23 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Content of the right of access to a lawyer 1. The suspect or accused person shall have the right at all stages of the proceedings to request to meet with the lawyer representing him. 2. The lawyer shall have the right to be present at any questioning and hearing. He shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law. 3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidence. 4. The lawyer shall have the right to check the conditions in which the suspect or accused person is detained and to this end shall have access to the place where the person is detained. 5. The duration and frequency of meetings between the suspect or accused person and his lawyer shall not be limited in any way that may prejudice the exercise of his rights of defence.
Amendment 24 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensureIf and to the extent that suspects andor accused persons are grantedquest access to a lawyer, Member States shall ensure that they can have such access as soon as possible and in any event:
Amendment 27 #
Proposal for a directive
Article 4
Article 4
Amendment 35 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Information 1. Member States shall ensure that suspects and accused persons are informed, without delay and in an understandable form, about their right of access to a lawyer and the fact that the right continues to apply at all subsequent stages of the proceedings even if they did not exercise it at an earlier stage. Without prejudice to national law that requires the mandatory presence or assistance of a lawyer, any waiver of the right to a lawyer referred to in this Directive shall be subject to the following conditions: a) the suspect or accused person has received prior legal advice on the consequences of the waiver or has otherwise obtained full knowledge of these consequences; b) he has the necessary capacity to understand these consequences; and c) the waiver is given voluntarily and unequivocally. 2. A record shall be kept, in accordance with the law of the Member State concerned, of the suspect’s or accused person’s having been informed about the right of access to a lawyer. The waiver and the circumstances in which it was given shall be recorded in accordance with the law of the Member State concerned. 3. Member States shall ensure that a waiver can be subsequently revoked at any stage of the proceedings.
Amendment 37 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
Member States shall not derogate from any of the provisions of this Directive save, in exceptional circumstances, from Article 3, Article 4 paragraphs 1 to 3, and Articles 5 and Article 6to 7. Any such derogation:
Amendment 38 #
Proposal for a directive
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
a) shall be justified by compelling reasons pertaining to the urgent need to avert serious adverse consequences for the life or physical integrity of a person;
Amendment 39 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 43 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [24 months after publication of this Directive in the Official Journalits entry into force] at the latest.
Amendment 44 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
This Directive shall enter into force onat the twentieth daybeginning of the second month following that of its publication in the Official Journal of the European Union.