Activities of Elena Oana ANTONESCU related to 2010/0215(COD)
Plenary speeches (1)
Right to information in criminal proceedings (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the right to information in criminal proceedings PDF (353 KB) DOC (377 KB)
Amendments (18)
Amendment 38 #
Proposal for a directive
Recital 23
Recital 23
(23) Adequatppropriate and effective training on procedural rights of suspected and accused persons should be provided to the relevant officials in Member States.
Amendment 52 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. "Competent authorities" shall include, but not be limited to police and investigatory authorities, prosecutors, magistrates and judges.
Amendment 58 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptlyas soon as is practicable and in any event before questioning begins with information on his procedural rights in simple and accessible language.
Amendment 66 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
– the right to medical care,
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 b (new)
Article 3 – paragraph 2 – indent 4 b (new)
– the right to consular assistance,
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 c (new)
Article 3 – paragraph 2 – indent 4 c (new)
– the right to contact a trusted person,
Amendment 88 #
Proposal for a directive
Article 5
Article 5
Member States shall ensure that any person subject to proceedings for the execution of a European Arrest Warrant receives an appropriate Letter of Rights setting out all the rights of that person as laid down in the Framework Decision 2002/584/JHA. Annex II to this Directive contains an indicative model of such Letter.
Amendment 93 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptly and in any event in sufficient time to enable the person concerned to prepare their defence. It is to be provided in detail and in a language that the suspected or accused person understands. In the case of a child, information about the charges shall be provided in a manner adapted to his age, level of maturity and intellectual and emotional capacities.
Amendment 102 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall ensure that a person who has been charged with a criminal offence is duly and fully informed of any changes in the accusation, including changes in the material facts. He or she shall be provided with adequate time and facilities to adapt his or her defence to them.
Amendment 107 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that an accused person or his lawyer is granted access to the case-file once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused on the basis of a reasoned decision by a competent judicial authority where access to these documents may exceptionally lead to serious risk to the life or fundamental rights of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interests of justice, the accused person or his lawyer may request an index of the documents contained in the case-file.
Amendment 115 #
Proposal for a directive
Article 9
Article 9
Amendment 116 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that may bare ensured under the ECHR, the Charter, under the ICCPR and under other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection.
Amendment 122 #
Proposal for a directive
Annex 1 – paragraph 2 – point D a (new)
Annex 1 – paragraph 2 – point D a (new)
Da. the right to medical care
Amendment 123 #
Proposal for a directive
Annex 1 – paragraph 2 – point D b (new)
Annex 1 – paragraph 2 – point D b (new)
Db. the right to contact a trusted person
Amendment 124 #
Proposal for a directive
Annex 1 – paragraph 2 – point D c (new)
Annex 1 – paragraph 2 – point D c (new)
Dc. the right to consular assistance
Amendment 132 #
Proposal for a directive
Annex 2 – paragraph 2 – point F a (new)
Annex 2 – paragraph 2 – point F a (new)
F a. the right to medical care
Amendment 133 #
Proposal for a directive
Annex 2 – paragraph 2 – point F b (new)
Annex 2 – paragraph 2 – point F b (new)
F b. the right to contact a trusted person
Amendment 134 #
Proposal for a directive
Annex 2 – paragraph 2 – point F c (new)
Annex 2 – paragraph 2 – point F c (new)
F c. the right to consular assistance