13 Amendments of Caterina CHINNICI related to 2013/0407(COD)
Amendment 81 #
Proposal for a directive
Recital 12
Recital 12
(12) "Law enforcement or judicial authorities" for the purposes of this Directive refers to public authorities which, according to national law, exercise powers in the realm of criminal proceedings.
Amendment 83 #
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been proved guilty according to law, a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convictedir guilt has already been established beyond doubt.
Amendment 102 #
Proposal for a directive
Recital 18
Recital 18
(18) The right not to incriminate oneself and not to cooperate should not extend to the use in criminal proceedings of material which may be legitimately obtained from the suspect or accused person through the proper use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons, such as material acquired pursuant to a warrant, material in respect of which there is a legal obligation of retention and production upon request, breath, blood and urine samples and bodily tissue for the purpose of DNA testing.
Amendment 107 #
Proposal for a directive
Recital 20
Recital 20
(20) The right not to incriminate oneself and not to cooperate and the right to remain silent should apply as regards questions material to the offence that someone is - or could be in the light of their own utterances- suspected or accused of having committed and not, for example, as regards questions relating to the personal identification of a suspect or accused person.
Amendment 112 #
Proposal for a directive
Recital 22
Recital 22
(22) However, the right of the accused person to be present at the trial is not absolute. Uunder certain conditions the accused person may, expressly or tacitly but unequivocally, waive thate right to be present at the trial.
Amendment 134 #
Proposal for a directive
Article 3
Article 3
Member States shall ensure that suspects or accused persons are presumed innocent until proven guilty according to law, with a final decision.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that, before a final conviction, public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convictedir guilt has been established beyond doubt.
Amendment 168 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused personshas an existence independent of the will of the suspects or accused persons and may legitimately be obtained from them through the correct use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused personsprovided for by law.
Amendment 173 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Exercise of the right not to incriminate oneself or of the right not to cooperate shall not be used against a suspect or accused person at a later stage of the proceedings and shall not be considered as a corroboration of facts or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.
Amendment 184 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons of their right to remain silent, and explain the content of this right and the legal consequences of renouncing or invoking it. This information must, however, be provided before any questioning begins.
Amendment 185 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The right to silence shall immediately be recognised and communicated to any person who, without having previously been a suspect or accused person, makes statements to the police or to other law enforcement or judicial authorities from which indications of his or her guilt emerge. If such a person were to have been heard, from the outset, as a suspect or accused person, his or her statements cannot be used.
Amendment 188 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Exercise of the right to remain silent shall not be used against a suspect or accused person at a later stage in the proceedings and shall not be considered as a corroboration of facts. or as a reason in itself to adopt or maintain measures which restrict liberty before the final decision on the issue of guilt is taken.
Amendment 217 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that where the suspects or accused persons were not present at the trial referred to in Article 8(1) and the conditions laid down in Article 8(2) and (3) are not met, the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case, including examination of new evidence, – with the opportunity to secure new evidence and, if appropriate, to call the previous evidence into question through cross-examination – and which may lead to the original decision to be reversed.