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6 Amendments of Manfred WEBER related to 2011/0154(COD)

Amendment 68 #
Axel VOSS, Manfred WEBER, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Recital 14 a (new)
(14a) Since the purpose of any criminal proceedings must be to establish the truth, in exceptional, serious circumstances Member States should continue to enjoy the option of departing from the principle of confidentiality if there is a danger that a confidential conversation could give rise to interference with evidence.
2012/03/22
Committee: LIBE
Amendment 79 #
Axel VOSS, Manfred WEBER
Proposal for a directive
Recital 27
(27) Since the European Court of Human Rights has established that irretrievable damage to the rights of the defence results from the use of an incriminating statement made by the suspect or accused person without access to a lawyer, Member States should be required in principle to prohibit the use of any statements given in breach of the right of access to a lawyer as evidence against the suspect or accused person unless the use of such evidence would not prejudice the rights of the defence. This should be without prejudice to the use of statements for other purposes permitted under national law, such as the need to execute urgent investigative acts or to avoid the perpetration of other offences or serious adverse consequences for any person;deleted
2012/03/22
Committee: LIBE
Amendment 90 #
Manfred WEBER
Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are granted the right of access to a lawyer in person as soon as possible and in any event:
2012/03/22
Committee: LIBE
Amendment 137 #
Axel VOSS, Manfred WEBER, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Article 7
Member States shall ensure that the confidentiality of meetings between the suspect or accused persona person to whom Article 2 applies and his lawyer is guaranteed. They shall also ensure the confidentiality of correspondence, telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer. On the basis of instructions from the competent judicial authority, exceptions to the principle of confidentiality shall be considered only if there are grounds for suspecting that the lawyer could be implicated in the offences committed by the accused person or when this is necessary to avert a present danger to a person’s life or freedom.
2012/03/22
Committee: LIBE
Amendment 157 #
Manfred WEBER
Proposal for a directive
Article 10 – paragraph 1
1. Member States shall ensure that any person other than a suspect or accused person who is heard by the police or other enforcement authority in the context of a criminal procedure is granted access to a lawyerthe rights granted to suspects and accused persons under this Directive if, in the course of questioning, interrogation or hearing, he becomes suspected or accused of having committed a criminal offence.
2012/03/22
Committee: LIBE
Amendment 173 #
Axel VOSS, Manfred WEBER, Monika HOHLMEIER
Proposal for a directive
Article 13 – paragraph 3
3. Member States shall ensure that statements made by the suspect or accused person or evidence obtained in breach of his right to a lawyer or in cases where a derogation to this right was authorised in accordance with Article 8, may not be used at any stage of the procedure as evidence against him, unless the use of such evidence would not prejudice the rights of the defence.deleted
2012/03/22
Committee: LIBE
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