Activities of Jan Philipp ALBRECHT related to 2010/0215(COD)
Plenary speeches (1)
Right to information in criminal proceedings (debate)
Amendments (44)
Amendment 27 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) This Directive applies to suspected and accused persons on Union territory regardless of their legal status, citizenship or nationality.
Amendment 47 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies from the time a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he or she is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal. (the change from "he" to "he or she", from "him" to "him or her" and from "his" to "his or her" should be made throughout the text)
Amendment 48 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. TWhe Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2). Annex I to this Directive contains an indicative model of such a Letterre a person has been deprived of liberty, the Letter of Rights shall contain at least the elements set out in Annex I to this Directive.
Amendment 49 #
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 50 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
1b. "Accusation" shall at least cover the situations in which a person is charged with a criminal offence in accordance with Article 6 ECHR as interpreted by the European Court of Human Rights.
Amendment 51 #
Proposal for a directive
Article 2 – paragraph 1 c (new)
Article 2 – paragraph 1 c (new)
1c. "Evidentiary material related to the case" shall at least cover the right to have access to the case file.
Amendment 52 #
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 of the rights of that person as laid down in the Framework Decision 2002/584/JHA.. Annex II to this Directive The Letter of Rights shall be drafted in simple language and shall contains an indicative model of such Lettert least the elements set out in Annex II to this Directive.
Amendment 56 #
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 practicable and in any event before questioning takes place with information on his procedural rights both orally and in writing and in simple and accessible language.
Amendment 59 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The competent authorities shall take steps to ensure that the suspected or accused person understands the information provided. If there is a possibility that the suspected or accused persons may be vulnerable due to age, language, incapacity or any other reason, police officers must take further steps to ensure that they understand their rights. Where such further steps require the assistance of a qualified interpreter in accordance with Directive 2010/64/EU or a responsible adult in the case of a child or less able person, the competent authority shall also inform the interpreter or responsible adult of the rights so that they can explain them to the suspected or accused person. The suspected or accused person shall be asked to confirm in writing that he has understood what his rights are.
Amendment 67 #
Proposal for a directive
Annex I – Title
Annex I – Title
Amendment 69 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
– the right to remain silent,
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 b (new)
Article 3 – paragraph 2 – indent 4 b (new)
– the right to maintain contact with family or friends or with consular officials,
Amendment 71 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 c (new)
Article 3 – paragraph 2 – indent 4 c (new)
– the right to apply for provisional release, where applicable, in accordance with Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention1. 1 OJ L 294, 11.11.2009, p. 20.
Amendment 74 #
Proposal for a directive
Annex II – Title
Annex II – Title
Amendment 77 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested by the competentdeprived of liberty by the authorities of a Member State in the course of criminal proceedings, he/she shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He/she shall be given an opportunity to read the Letter of Rights and be allowed to keep it in his/her possession throughout the time during which he/she is deprived of his/her liberty. This provision shall apply to all cases where persons are deprived of liberty by public authorities.
Amendment 87 #
Proposal for a directive
Annex II – Title E – indent 1
Annex II – Title E – indent 1
Amendment 87 #
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 of the rights of that person as laid down in the Framework Decision 2002/584/JHA. Annex II to this DirectiveThe Letter of Rights shall be drafted in simple language and shall contains an indicative model of such Lettert least the elements set out in Annex II to this Directive.
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptlyon arrest and in detail and in a language that the suspected or accused person understands. In the case of a vulnerable person or child, information about the charges shall be provided in a manner adapted to his or her age, language, level of maturity and intellectual and emotional capacities.
Amendment 100 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
(3a) The information provided under paragraph 3 shall be given orally and as soon as practicable in writing.
Amendment 101 #
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
(3b) The duty to provide the information under paragraph 3 shall continue throughout the proceedings where new information becomes available.
Amendment 109 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States shall ensure that the limitations on the right of access to the case-file laid down in paragraph 2 do not in any way prejudice the accused persons' effective exercise of their right of defence.
Amendment 110 #
Proposal for a directive
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
2b. Member States shall ensure that an effective remedy exists before an impartial tribunal to challenge the decision not to allow access to certain documents contained in the case-file.
Amendment 117 #
Proposal for a directive
Annex 1 – title
Annex 1 – title
Amendment 118 #
Proposal for a directive
Annex 1 – paragraph 2 – point B
Annex 1 – paragraph 2 – point B
B. to the assistance of a lawyer. If you are not able to afford a lawyer, the police must provide you with information about how to get legal assistance.
Amendment 119 #
Proposal for a directive
Annex 1 – paragraph 2 – point C a (new)
Annex 1 – paragraph 2 – point C a (new)
Ca. not to say anything when questioned
Amendment 120 #
Proposal for a directive
Annex 1 – paragraph 2 – point C b (new)
Annex 1 – paragraph 2 – point C b (new)
Cb. to contact your family, friends, and consular officials
Amendment 121 #
Proposal for a directive
Annex 1 – paragraph 2 – point D
Annex 1 – paragraph 2 – point D
D. to know for how long you can be detained, to a regular review of your detention and to provisional release
Amendment 125 #
Proposal for a directive
Annex 1 – part C – indent 4 a (new)
Annex 1 – part C – indent 4 a (new)
– You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you.
Amendment 126 #
Proposal for a directive
Annex 1 – part C a (new)
Annex 1 – part C a (new)
Amendment 127 #
Proposal for a directive
Annex 1 – part C b (new)
Annex 1 – part C b (new)
Cb. Contacting friends, family and consular authorities – You have the right to contact your friends and family. – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority are entitled to visit you and arrange for a lawyer to assist you.
Amendment 128 #
Proposal for a directive
Annex 2 – paragraph 1
Annex 2 – paragraph 1
Amendment 129 #
Proposal for a directive
Annex 2 – paragraph 2 – point B
Annex 2 – paragraph 2 – point B
B. to the assistance of a lawyer. If you are not able to afford a lawyer the police must provide you with information about how to get legal assistance
Amendment 130 #
Proposal for a directive
Annex 2 – paragraph 2 – point D
Annex 2 – paragraph 2 – point D
D. to be informed of your righnot to agree to be surrendered to another country
Amendment 131 #
Proposal for a directive
Annex 2 – paragraph 2 – point E a (new)
Annex 2 – paragraph 2 – point E a (new)
Ea. to a regular review of your detention
Amendment 135 #
Proposal for a directive
Annex 2 – part A – indent 1
Annex 2 – part A – indent 1
– You have a right to know why you are sought by anoof what offence you are suspected or have been convicted of in ther country which has requested your surrender.
Amendment 136 #
Proposal for a directive
Annex 2 – part A – indent 1 a (new)
Annex 2 – part A – indent 1 a (new)
– You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant).
Amendment 137 #
Proposal for a directive
Annex 2 – part C – indent 4 a (new)
Annex 2 – part C – indent 4 a (new)
– You may not be forced to sign any documents in a language which you do not understand. Refusing to do so will not be held against you.
Amendment 138 #
Proposal for a directive
Annex 2 – part D
Annex 2 – part D
D. Your right to agree to sSurrender
Amendment 139 #
Proposal for a directive
Annex 2 – part D – indent 1
Annex 2 – part D – indent 1
– You have the rightdo not have to agree to being surrendered under a European Arrest Warrant. This should speed the procedure up.
Amendment 140 #
Proposal for a directive
Annex 2 – part D – indent 2
Annex 2 – part D – indent 2
– If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds which you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case.
Amendment 141 #
Proposal for a directive
Annex 2 – part E – indent 1
Annex 2 – part E – indent 1
Amendment 142 #
Proposal for a directive
Annex 2 – part E – indent 1 a (new)
Annex 2 – part E – indent 1 a (new)
– You have the right to a hearing where a judge will decide whether you should be sent to the country which is seeking your surrender.
Amendment 143 #
Proposal for a directive
Annex 2 – part E – indent 1 b (new)
Annex 2 – part E – indent 1 b (new)
– You have the right to be represented by a lawyer at this hearing – if you are not able to afford a lawyer, you must be provided with information about how to get legal assistance.
Amendment 144 #
Proposal for a directive
Annex 2 – part E a (new)
Annex 2 – part E a (new)
E a. Review of detention – You have the right to a regular review of the reasons for your detention – If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty.