14 Amendments of Dennis de JONG related to 2014/0408(COD)
Amendment 60 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should be implemented taking into account the provisions of Directive 2012/13/EU and Directive 2013/48/EU. Information with regard to mHowever, infor offences should be provided under the same conditions as provided for by Article 2(2) of Directive 2012/13/EU. However, this Directive provides further complementary safeguards with regard to information to be provided to the holder of parental responsibility and mandatory acmation should also be provided with regard to minor offencess, to a lawyer in order to takeaking into account the specific needvulnerabilities of children.
Amendment 67 #
Proposal for a directive
Recital 17
Recital 17
(17) In some Member States an authority other than a public prosecutor and a court having jurisdiction in criminal matters has competence for imposing penalties other than deprivation of liberty in relation to relatively minor offences. That may be the case, for example, in relation to traffic offences which are committed on a large scale and which might be established following a traffic control. In such situations, it would be unreasonable to require the competent authorities to ensure mandatory access to a lawyer. WHowever, where the law of a Member State provides for the imposition of a penalty regarding minor offences by such an authority and there is either a right of appeal or the possibility for the case to be otherwise referred to a court having jurisdiction in criminal matters, mandatory access to a lawyer should therefore apply onin any case apply to the proceedings before that court following such an appeal or referral. In some Member States proceedings involving children may be dealt with by public prosecutors who may impose penalties. In such proceedings children should have mandatory access to a lawyer.
Amendment 75 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure the personal integrity of a child who is arrested or detained, to assess his or her general physical and mental state and any medical needs, and to determine whether he or she should be subjected to questioning, investigative or evidence-taking measures, or any special measures taken or envisaged concerning him or her, the child should have access to a medical examination. The medical examination should be carried out by a physician.
Amendment 86 #
Proposal for a directive
Recital 28
Recital 28
(28) Children should be judged in the absence of the public in order to protect their privacy and to facilitate their re- integration into society. IOnly in exceptional cases the court may decide that a hearing should be held publicly after it has taken due account of the best interests, if in the best interests of the child, should the court be allowed to hold a hearing in public. Member States should seek to protect the privacy of children in connection with criminal proceedings and their outcome, having regard also to breaches that might be committed through the media, including the Internet. Member States should facilitate the re-integration into society of children involved in criminal proceedings, and should actively take steps in order to prevent discrimination and marginalisation of these children.
Amendment 94 #
Proposal for a directive
Recital 33
Recital 33
(33) In order to monitor and evaluate the effectiveness of this Directive, there is a need for collection of data by the Member States with regard to the implementation of the rights set out in this Directive. Relevant data include data recorded by the judicial authorities and by law enforcement authorities and, as far as possible, administrative data compiled by healthcare and social welfare services as regards the rights set out in this Directive, in particular in relation to the number of children given access to a lawyer, the number of individual assessments carried out, the number of interviews audio- visually recorded and the number of children deprived of liberty.
Amendment 118 #
Proposal for a directive
Article 5 a (new)
Article 5 a (new)
Article 5a Member States shall ensure that the child has the right to meet with the holder of parental responsibility, or the appropriate adult where deemed necessary in accordance with Article 5(1), promptly following arrest or detention.
Amendment 127 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The individual assessment shall take place at anthe earliest appropriate stage of the proceedings and in any event before indictmenquestioning or the imposition of measures involving deprivation of liberty, whichever is earliest.
Amendment 131 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States may derogate from the obligation in paragraph 1 when it is not proportionate to carry out an individual assessment taking into account the circumstances of the case and whether or not the child has previously come to the attention of Member State authorities in the context of criminal proceedingsto carry out an individual assessment if the derogation is in the best interests of the child.
Amendment 133 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case ofMember States shall ensure, when a child has been deprivationed of liberty of a child, Member States shall ensur whenever the best interests of the child so require, that the child has access without delay to a medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim tof determineing any medical needs and, in particular, the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged against the child.
Amendment 141 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Paragraph 1 is without prejudice to the possibility to ask questions solely for the purpose of personal identification of the child without such audio-visual recording.
Amendment 150 #
Proposal for a directive
Article 11 – paragraph 2 – point e
Article 11 – paragraph 2 – point e
(e) participation in educational measurprogrammes.
Amendment 160 #
Proposal for a directive
Article 12 – paragraph 2 - point d a (new)
Article 12 – paragraph 2 - point d a (new)
(da) ensure the freedom of the child to manifest his or her religion or belief.
Amendment 162 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that criminal proceedings involving children take place in the absence of the public, unless, after due consideration of in exceptional circumstances the best interests of the child, exceptional circumstances justify a derogation.
Amendment 178 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2