8 Amendments of Timothy KIRKHOPE related to 2013/0407(COD)
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should apply to natural persons who are suspected or accused of having committed a criminal offence. It should apply at any stage of the proceedings, even before those persons are made aware by the competent authorities of a Member State, by official notification or otherwise, that they are suspected or accused of having committed a criminal offence, until the conclusion of such proceedings.
Amendment 72 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant case law of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to natural persons.
Amendment 118 #
Proposal for a directive
Recital 27
Recital 27
Amendment 157 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Member States shall ensurmay provide that any presumption, which shifts the burden of proof to the suspects or accused persons, is of sufficient importance to justify overriding that principleboth reasonable and proportionate in light of the particular circumstances and is rebuttable.
Amendment 164 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that suspects or accused persons have the right not to incriminate themselves and not to cooperate in any criminal proceeding.
Amendment 174 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts.
Amendment 189 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person ats a later stage in the proceedings and shall not be considered as a corroboration of factcorroboration of facts in a later stage of proceedings.
Amendment 222 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1