34 Amendments of Kinga GÁL related to 2014/0408(COD)
Amendment 51 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should ensure that in all proceedings, children are treated with care, sensitivity and respect for their age, special needs, maturity and level of understanding and take into consideration any communication difficulties they may have. Criminal proceedings involving children should be carried out in a non-intimidating and child-sensitive way.
Amendment 52 #
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Member States should ensure that children who are suspects or accused are treated equally, with special attention to vulnerable children.
Amendment 53 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States are encouraged to provide children involved in criminal proceedings with appropriate support and assistance in their efforts to reintegrate in society, in particular by taking measures to prevent suspected or accused children from discrimination in access to education and labour market and to prevent them from marginalisation.
Amendment 55 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Amendment 56 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive should also apply in respect of offences which have been allegedly committed after the age of 18 years by the same suspect or accused person and whichsuspect or accused person had reached the age of 18 years, where such offences are jointly investigated and prosecuted as they are inextricably linked to offences where criminal proceedings started against that person before the age of 18to which this Directive is applicable.
Amendment 62 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Children should be informed promptly and directly about their rights with regard to the proceedings, the charges brought against them, the possible consequences and about the available remedies. The information should be provided in writing and orally in a manner adapted to their age and maturity and in a language that they understand.
Amendment 64 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) Where the child has to be assisted by a lawyer in accordance with this Directive but no lawyer is present, the competent authorities should postpone the questioning of the child for a reasonable period of time. However, in exceptional circumstances and only during the pre- trial stage, where there is an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of the child, the competent authorities may immediately proceed with the questioning.
Amendment 70 #
Proposal for a directive
Recital 18
Recital 18
(18) In some Member States certain minor offences, in particular minor traffic offences, minor offences in relation to general municipal regulations and minor public order offences, are considered to be criminal offences. It wouldmight be disproportionate to require the competent authorities to ensure mandatory access to a lawyer in respect of such minor offences. Where the law of a Member State provides that deprivation of liberty cannot be imposed as a penalty in respect of minor offences, the right to mandatory access to a lawyer shouldmight therefore apply only to proceedings before a court having jurisdiction in criminal matters.
Amendment 71 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) Member States should, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on child victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subject to trafficking.
Amendment 72 #
Proposal for a directive
Recital 18 b (new)
Recital 18 b (new)
(18b) Member States should consider preventing criminalisation of children for acts which are not considered an offence or not penalised if committed by an adult.
Amendment 76 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure the personal integrity of a child who is arrested or detained, thedeprived of liberty, including being arrested, detained or imprisoned, 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, that child should have access to a medical examination. The medical examination should be carried out by a physician.
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 81 #
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development and given that it seriously hampers their reintegration in society. Therefore, deprivation of liberty should be used only as a measure of last resort and for the shortest appropriate period of time. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
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 87 #
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 of, when in the best interest of the child, should the court be allowed to hold a hearing in public. Such a decision should be open for appeal by the child.
Amendment 88 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Member States should ensure that no information or personal data is made available or published, particularly in media, which could reveal or indirectly enable the disclosure of the child’s identity, including the image or the name of the child or the child’s family. Member States should seek to prevent the violation of privacy of children in connection with criminal proceedings and their outcome by the media, including via the Internet, also through taking appropriate measures.
Amendment 89 #
Proposal for a directive
Recital 28 b (new)
Recital 28 b (new)
(28b) Member States should ensure that when records or documents containing personal and sensitive data of children are transferred, this transfer is in line with relevant data protection legislation.
Amendment 90 #
Proposal for a directive
Recital 28 c (new)
Recital 28 c (new)
(28c) Member States should consider ensuring that the protection of privacy as set out in this Directive extends after the child reaches the age of 18 and throughout his or her lifetime, avoiding stigmatization, prejudgments and/or enhancing future sentencing.
Amendment 93 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) Member States should ensure that children have the right to appear in person and to participate in the trial and that they are enabled to actively participate, including by giving them the opportunity to be heard and to express their views when they are deemed to have a sufficient understanding of the procedure. Judges should give due consideration to the child’s views and opinion in accordance with the child’s age and maturity. Children should be provided with all necessary information on how to use their right to be heard effectively.
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive applies to suspects or accused persons subject to criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, who are no longer children in the course of those proceedings, which started when they were childrenrelate to offences allegedly committed before those persons had reached the age of 18.
Amendment 107 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that children are informed promptly about their rights nd directly - in writing accordance with Directive 2012/13/EU. They shall also be informed about the following rights within the same scope as Directive 2012/13/EUnd orally, in a language and manner appropriate to their age and maturity – about the charges against them, the proceedings and their rights in accordance with Directive 2012/13/EU, including the following rights:
Amendment 111 #
Proposal for a directive
Article 4 – paragraph 1 – point 9 a (new)
Article 4 – paragraph 1 – point 9 a (new)
(9a) their right to appeal.
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 124 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their family, economic, and social background, their living environment and any specific vulnerabilities.
Amendment 135 #
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 when the proceedings or the best interest 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 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 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.
Amendment 140 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that the questioning of children is carried out in a manner that takes account of their age, level of maturity and any other needs determined during the individual assessment conducted in accordance with Article 7.
Amendment 155 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that children are detained separately from adults, unless it is considered in the child’s best interest not to do so. When a detained child and may, when they reaches the age of 18 years, Member States shall provide the possibility to continue the separate detentiocontinue to be detained separately unless it is considered to be in wthere warranted, taking into account the individual circumstanceir best interests or in the best interests of other detained persons not to do so.
Amendment 156 #
Proposal for a directive
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) ensure access to programmes that foster the development of the child and itshis or her future integration into society.
Amendment 159 #
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) ensure that all other rights of the child are protected.
Amendment 169 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that children are present athave the right to appear in person and to participate in the trial and shall take all necessary steps to enable them trialo participate fully, including by giving them the opportunity to be heard.
Amendment 173 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall ensure that judicial and law enforcement authorities and prison staff who deal with cases involving children are professionals specialising in the field of criminal proceedings involving children. They shall receive particular training, staff of detention facilities, and other relevant professionals who deal with cases involving children receive adequate training at a level appropriate to their contact with children with regard to children’s needs and legal rights, appropriate interviewing techniques, child psychology, communication in a language adapted to the child and pedagogical skills, as well as on rules of confidentiality.