7 Amendments of Louis MICHEL related to 2011/0154(COD)
Amendment 49 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) An official interview means the questioning by competent authorities of a suspect or accused person regarding his involvement in a criminal offence, irrespective of the place where it is conducted. This notion should not encompass questioning by the police or other law enforcement authorities whose sole purpose is the identification of the person concerned or the verification of the possession of weapons or other similar safety issues.
Amendment 56 #
Proposal for a directive
Recital 9
Recital 9
Amendment 95 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) before the start of any questioning official interview by the police or other law enforcement authorities;
Amendment 114 #
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. He shall havMember States shall ensure that the suspect or accused person has the right, in accordance with procedures in national law, for his lawyer to be present and participate twhe right to ask questions, request clarification and make statements, whichn he is officially interviewed. When a lawyer participates during an official interview this shall be recorded in accordance with national law.
Amendment 122 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any otherMember States shall determine in their national law in respect of which investigative or other evidence-gathering acts, 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 evidencethe suspect or accused person has the right for his lawyer to be present.
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Notwithstanding provisions of national law concerning the mandatory presence of a lawyer, in all cases where the suspect or accused person is deprived of liberty, and in any event during the trial stage before a court having jurisdiction in criminal matters, Member States shall ensure that a suspect or accused person is in a position to exercise his right of access to a lawyer, unless he has waived the right in accordance with Article 9. In cases in the pre-trial phase when a suspect or accused person is not deprived of liberty, Member States shall ensure that a suspect or accused person is permitted to contact or consult his own lawyer or to be assisted by him.
Amendment 142 #
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 consequedrawn from the particular circumstances ofor the life or physical integrity of a personcase;