[ParlTrack]

Proposal for a directive
Recital 8

(8) The European Court of Human Rights has consistently held that the suspect or accused person should have access to a lawyer ~~at the initial stages of police questioning, and in any event~~ from the start of detention, to protect the right to a fair trial, and in particular the privilege against self- incrimination and to avoid ill treatment;.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 8 a (new)

(8a) The suspect or accused person has a right to legal assistance during an official interview that takes place in a police station or in a comparable place. A place is comparable to a police station when that place is, like a police station, suitable and equipped for interviewing suspected or accused persons about their alleged engagement in a criminal offence.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 9

(9) A similar right to the presence of a lawyer should be granted every time that national law expressly allows or demands the presence of the suspected or accused person at a procedural step or evidence gathering such as a search; in these cases, in fact, the presence of the lawyer can strengthen the rights of the defence without affecting the need to preserve the confidentiality of certain investigative acts, since the presence of the person excludes the confidential nature of the acts in question; this right should be without prejudice to the need to secure evidence which by its very nature is liable to be altered, removed or destroyed if the competent authority was to wait until the arrival of a lawyer;deleted

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 10

(10) To be effective, access to a lawyer should entail the possibility for the lawyer to carry out all the wide range of activities which pertain to legal counselling, as the European Court of Human Rights has held. This should include active participation in any interrogation or hearing, meetings with the client to discuss the case and prepare the defence, the search for exculpatory evidence, support to a distressed client and control of detention conditions;

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 11 a (new)

(11a) ) In order for the right to legal assistance to be practical and effective the suspect who has no lawyer should be provided with one when he is deprived of liberty. In proceedings before the court the suspect who has no lawyer should be provided with one when the interest of justice so require. There is no obligation to provide a lawyer when the suspect or accused person has waived his right to legal assistance in accordance with Article 9. Neither is it obligatory to provide a lawyer in the pre-trial stage when the suspected or accused person is not deprived of his liberty or in the trial stage when the interests of justice do not require that a lawyer is provided. In these cases the obligation of Member States to ensure the right to legal assistance is met when the lawyer is allowed to give legal assistance.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 15

(15) Derogations from the right of access to a lawyer and the right to communicate upon arrest should be permitted only in exceptional circumstances, in line with case law of the European Court of Human Rights, where there are compelling reasons relating to the urgent need to avert serious adverse consequences for the life or physical integrity of another person and where there are no other less restrictive means to achieve the same result, such as, in cases of a risk of collusion, replacement of the lawyer chosen by the suspect or accused person or nomination of a different third party to communicate with;deleted

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 22

(22) That person should also have the possibility to have a lawyer in the issuing Member State to assist the lawyer in the executing Member State in specific cases during the surrender proceedings without prejudice to the deadlines set out in Council Framework Decision 2002/584/JHA; that lawyer should be able to assist the lawyer in the executing Member State when exercising the person’s rights under the Council Framework Decision 2002/584/JHA in the executing State, in particular in respect of the grounds of refusal under its Articles 3 and 4; since the European Arrest Warrant is predicated upon the principle of mutual recognition, this should not entail any right to question the merits of the case in the executing Member State; as there is no incompatibility between defence rights and mutual recognition; enhancing fair trial rights both in the executing and in the issuing Member State will boost mutual trust;deleted

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Recital 23

(23) In order to make the right of access to a lawyer in the issuing Member State effective, the executing judicial authority should promptly notify the issuing judicial authority of the arrest of the person and of his request to have access to a lawyer in the issuing Member State;deleted

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 3 – paragraph 1 – point a

(a) before the start of an~~y questioning~~ official interview by the police or other law enforcement authorities;

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. An official interview in the meaning of this Article is an interview of the suspect or accused person that takes place in a police station or another appropriate place.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 4 – paragraph 2

2. ~~The lawyer shall have the right to be present at any questioning and hearing. He~~Member States shall ensure that in cases where detention on remand is possible according to national law the suspect or accused person has the right for his lawyer to be present when he is officially interviewed. Member States shall ensure that this right is applicable to all cases where the suspected or accused person who is summoned to appear before a court having jurisdiction in criminal matters has to appear before that court. The lawyer shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 4 – paragraph 3

3. ~~The lawyer shall have the right to be present at any other~~Member 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 evidence~~– in accordance with national law – permitted as a right, the suspect or accused person has – in accordance with procedures in national law – the right for his lawyer to be present.

2012/03/22
Committee: LIBE

Jan MULDER, Wim van de CAMP

Proposal for a directive
Article 4 – paragraph 5 a (new)

5a. Notwithstanding provisions of national law concerning the mandatory presence of a lawyer, Member States shall ensure that in all cases where the suspect or accused person is deprived of liberty and, when the interests of justice so require, during the trial stage before a court having jurisdiction in criminal matters, a suspect or accused person who has no lawyer is provided with a lawyer, unless he has waived his right to legal assistance in accordance with Article 9.

2012/03/22
Committee: LIBE

13 Amendments of Wim van de CAMP related to 2011/0154(COD)

ParlTrack - 2011-2024