12 Amendments of Stanimir ILCHEV related to 2011/0154(COD)
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that suspects and accused persons are promptly granted access to a lawyer as soon as possible and in any even, at least:
Amendment 91 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) before the start of any questioning by the police or other law enforcement authoritieslaw enforcement or judicial authorities, irrespective of whether the person is detained or not;
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) upon the carrying out of any procedural or evidence-gathering act at which the person’s presence is required or permitted as a right in accordance with national law, unless this would prejudice the acquisition of evidence; , save where, and only in so far as, the authority carrying out that evidence-gathering act reasonably believes that evidence will be altered, removed or destroyed pending the lawyer’s arrival; The authority must set out in writing the reasons for any denial of access. The suspect or accused person shall be informed of these reasons prior to the start of the evidence-gathering act and shall sign a statement to that effect.
Amendment 98 #
Proposal for a directive
Article 3 – paragraph 1 – point с
Article 3 – paragraph 1 – point с
(c) from the outset of deprivation of liberty., including detention;
Amendment 100 #
Proposal for a directive
Article 3 – paragraph 1 – point с а (new)
Article 3 – paragraph 1 – point с а (new)
(ca) during any questioning;
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 – point с b (new)
Article 3 – paragraph 1 – point с b (new)
(cb) from the moment the person is summoned to appear before a court having jurisdiction in criminal matters, in connection with the occurrence of the earliest of any of the events listed in this paragraph. Upon the occurrence of any of these events, the suspect or accused person shall be provided with written information on their rights. This shall be certified in accordance with the recording procedures laid down in the law of the Member State concerned.
Amendment 107 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The suspect or accused person shall have the right to meet privately with the lawyer representing him.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The lawyer shall have the right to be present at any questioning and hearing. Heinterview and hearing, whether the person is detained or not. Independently of the rights of the suspect or accused person, the lawyer shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law. The lawyer shall also have the right to present evidence in connection with the subject of the charges and to request the investigating authority or the court to gather any evidence relevant to the subject of the charges.
Amendment 115 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
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, save where and only in so far as the authority carrying out that investigative or evidence-gathering act reasonably believes that evidence will be altered, removed or destroyed pending the lawyer's arrival.
Amendment 124 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. TIf he or she receives indications of maltreatment, the lawyer shall have the right to check theexamine the specific conditions in which the suspect or accused person is detained and to thisat end shall have access to the place where the person is detained.
Amendment 135 #
Proposal for a directive
Article 7
Article 7
Member States shall ensure in all circumstances that the confidentiality of all 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. Member States shall ensure that the information exchanged between the suspect or accused person and their lawyer is not put to any other use and that the content of the discussions between them is not listened to or transcribed in any form whatsoever.
Amendment 153 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The waiver and the circumstances in which it was given shall be recorded in accordance with the law of the Member State concerned. Member States shall ensure that no waiver is given to the right to a lawyer where the suspect or accused person is a minor.