6 Amendments of Monika HOHLMEIER related to 2014/0408(COD)
Amendment 77 #
Proposal for a directive
Recital 21
Recital 21
(21) In orderBearing in mind that children are particularly vulnerable, questioning may be perceived to be traumatic, therefore it is essential that questioning be carried out by trained professionals taking into consideration the children’s age, maturity, level of understanding and any communication difficulties they may have. Questioning should take place in the presence of a lawyer and, where so requested by the child and/or where that is in the best interest of the child, the holder of parental responsibility and, where necessary, specialist professionals. Thorough documentation and audio-visual recording of interviews are a vital safeguard serving both to guarantee that interviews will be conducted properly and to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject,. In order to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should therefore be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 79 #
Proposal for a directive
Recital 22
Recital 22
(22) However, it would be disproportionate to require the competent authorities to ensure audio-visual recording in all circumstances, in particular in cases of minor offences. Due account should be taken of the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred. If a child is deprived of liberty before conviction, any questioning of the child should be audio-visually recorded.
Amendment 84 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26a) Children deprived of liberty should have in particular the right to maintain regular and meaningful contact with parents, family and friends through visits and correspondence, unless exceptional restrictions are required in the best interests of the child and in the interests of justice.
Amendment 117 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Member States shall ensure that the child has the right to meet with the holder of parental responsibility promptly following arrest or detention, and in any event prior to questions, and to request to have such adult present during questioning and all other investigative acts during the criminal proceedings, provided that this is in the best interest of the child.
Amendment 121 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that children are assisted by a lawyer throughoutat every stage of the criminal proceedings in accordance with Directive 2013/48/EU. The right to access to a lawyer cannot be waived. However, in minor cases this assistance might be provided by a pedagogical authority where such pedagogical solution prevails over a conviction.
Amendment 138 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is thoroughly documented and, if in the best interest of the child, audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.