4 Amendments of Kinga GÁL related to 2013/0409(COD)
Amendment 48 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. In such situations, it would be unreasonable to require that the competent authorities ensure all the rights under this Directive. Where the law of a Member State provides in respect of minor offences that deprivation of liberty cannot be imposed as a sanction, this Directive should therefore apply only to the proceedings before a court having jurisdiction in criminal matters.
Amendment 59 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, Member States may provide in their legislation for the possibility to limit granting provisional legal aid to cases where this is required by the interests of justice. Whether this is the case shall be assessed by the competent authorities without undue delay upon the deprivation of liberty and at the latest before questioning.
Amendment 93 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Without prejudice to the right to a fair trial, in respect of minor offences: (a) where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or (b) where deprivation of liberty cannot be imposed as a sanction; this Directive shall only apply to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive shall fully apply where the suspect or accused person is deprived of liberty, irrespective of the stage of the criminal proceedings.
Amendment 119 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. Without prejudice to the right to a fair trial, in case of short term deprivation of liberty for less serious offences, and when this is not proportionate taking into account the interests of justice, paragraphs 1 and 2 shall not apply.