Activities of Dennis de JONG related to 2013/0407(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings PDF (785 KB) DOC (515 KB)
Amendments (6)
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) This Directive should apply only to criminal proceedings. Administrative proceedings leading to sanctions such as competition, trade, tax, financial services proceedings and other investigations by administrative authorities in relation to these proceedings, and also civil proceedings are not covered by this Directiv, as well as administrative proceedings insofar as the sanctions are punitive in nature.
Amendment 63 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The safeguards provided for by this Directive should therefore apply in all proceedings in which restrictive measures, including deprivation of liberty, are liable to be imposed as a punishment and to proceedings liable to give rise to a criminal record. At all events, application of the Directive should not be prevented by the fact that the proceedings were not initiated in response to acts regarded as criminal offences under national law, that they are not taking place before a criminal court and that they will not lead to the imposition of criminal penalties under national law.
Amendment 68 #
Proposal for a directive
Recital 9
Recital 9
Amendment 114 #
Proposal for a directive
Recital 23
Recital 23
Amendment 123 #
Proposal for a directive
Recital 29
Recital 29
(29) As this Directive establishes minimum rules, Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by the Charter of Fundamental Rights of the European Union or the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted in the case law of the Court of Justice and of the European Court of Human Rights.
Amendment 172 #
Proposal for a directive
Article 6 – paragraph 3 – subparagraph 1 a (new)
Article 6 – paragraph 3 – subparagraph 1 a (new)
Member States may nevertheless allow for the cooperative behaviour of the suspect or accused person to be taken into account as a mitigating factor when deciding the concrete penalty to impose.