Activities of Therese COMODINI CACHIA related to 2013/0407(COD)
Plenary speeches (1)
Presumption of innocence and right to be present at trial in criminal proceedings (A8-0133/2015 - Nathalie Griesbeck)
Shadow opinions (1)
OPINION 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
Amendments (25)
Amendment 32 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 11(1) of the Universal Declaration of Human Rights (the UDHR) adopted by the United Nations, Article 14 of the International Covenant on Civil and Political Rights (the ICCPR), Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), and the Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (the Charter) enshrine the principle of the presumption of innocence and the right to fair trial.
Amendment 33 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Pursuant to Article 82(1) of the Treaty on the Functioning of the European Union (TFEU), 'judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgements ad judicial decisions...' while mutual recognition of decisions in criminal matters presupposes trust in each other's criminal justice system of the Member States.
Amendment 35 #
Proposal for a directive
Recital 2
Recital 2
(2) By establishing minimum rules on the protection of procedural rights of suspects or accused persons, this Directive should strengthen the trust of Member States in the criminal justice systems of other Member States and can thus help to facilitate mutual recognition of decisions in criminal matters. Such common minimum rules shcould alsohave an impact on removeing obstacles to the free movement of citizens throughout the territory of the Member States.
Amendment 47 #
Proposal for a directive
Recital 13
Recital 13
(13) The presumption of innocence is violated if, without the accused’s having previously been provedn 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 convictedpersons holding a public office, be it judicial, administrative or political, refer to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons.
Amendment 51 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) Article 11(1) of the Universal Declaration of Human Rights (the UDHR) adopted by the United Nations, Article 14 of the International Covenant on Civil and Political Rights (the ICCPR), Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the ECHR), and the Articles 47 and 48 of the Charter of Fundamental Rights of the European Union (the Charter) enshrine the principle of the presumption of innocence and the right to fair trial.
Amendment 52 #
Proposal for a directive
Recital 1 b (new)
Recital 1 b (new)
(1b) Pursuant to Article 82(1) of the Treaty on the Functioning of the European Union (TFEU), judicial cooperation in criminal matters in the Union shall be based on the principle of mutual recognition of judgements and judicial decisions while mutual recognition of decisions in criminal matters presupposes trust in each other's criminal justice system of the Member States.
Amendment 55 #
Proposal for a directive
Recital 2
Recital 2
(2) By establishing minimum rules on the protection of procedural rights of suspects or accused persons, this Directive should strengthen the trust of Member States in the criminal justice systems of other Member States and can thus help to facilitate mutual recognition of decisions in criminal matters. Such common minimum rules shcould alsohave an impact on removeing obstacles to the free movement of citizens throughout the territory of the Member States.
Amendment 64 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Vulnerable persons should be given a specific degree of protection, therefore, in respect of some of the rights foreseen in this Directive, additional procedural safeguards should be applicable. In relation to children the additional procedural safeguards set out in the Directive on procedural safeguards for children suspected or accused in criminal proceedings must apply.
Amendment 69 #
Proposal for a directive
Article 2
Article 2
This Directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedingsjudgment finding innocence or guilt has been pronounced.
Amendment 73 #
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 notersons holding a public office, be it judicial, administrative or political, refrain from referring to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons.
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Member States shall ensure that appropriate measures are taken in the event of a breach of that requirement, including the liquidation of compensation and a retrial.
Amendment 80 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Amendment 86 #
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 convictedpersons holding public office, be it judicial, administrative or political, refer to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons.
Amendment 91 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.
Amendment 100 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.
Amendment 115 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
This Directive shall not have the effect of modifying the obligation to uphold the fundamental rights and legal principles enshrined in Article 6 of the Treaty on European Union, including the rights of persons who are subject to criminal proceedings. Any other national, regional or international obligation incumbent on public authorities in this respect shall remain unaffected.
Amendment 119 #
Proposal for a directive
Recital 27
Recital 27
Amendment 122 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) Vulnerable persons should be given a specific degree of protection, therefore, in respect of some of the rights foreseen in this Directive, additional procedural safeguards should be applicable. In relation to children the additional procedural safeguards set out in the Directive (EU) .../... of the European Parliament and of the Council [on procedural safeguards for children suspected or accused in criminal proceedings]34a should apply. ______________ 34aDirective (EU) .../... of the European Parliament and of the Council of ...[on procedural safeguards for children suspected or accused in criminal proceedings].
Amendment 131 #
Proposal for a directive
Article 2
Article 2
This Directive applies to natural persons suspected or accused in criminal proceedings until the final conclusion of those proceedingsjudgment finding innocence or guilt has been pronounced.
Amendment 143 #
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 notersons holding a public office, be it judicial, administrative or political, refrain from referring to the suspects or accused persons as if they were convicted or act in a manner that reflects guilt on the suspects or accused persons.
Amendment 148 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Member States shall ensure that appropriate measures are taken in the event of a breach of that requirement, including the liquidation of compensation and a retrial.
Amendment 156 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 180 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.
Amendment 193 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.