BETA

Activities of Jean-Marie CAVADA related to 2013/0407(COD)

Legal basis opinions (0)

Amendments (6)

Amendment 39 #
Proposal for a directive
Recital 7
(7) This Directive should facilitate the practical application of the right to be presumed innocent and all its different aspects and also of the right to be present at one's trial, with a view to safeguarding the right to a fair trial, with due regard for the adversarial principle and balance between the rights of the parties.
2015/03/02
Committee: JURI
Amendment 42 #
Proposal for a directive
Recital 10 a (new)
(10a) However, if the infringement explicitly defined in law is based on the fact that it has been committed by a natural person who occupies a representative, management or directorial post in a company and if it is demonstrated by the company that the culprit acted fraudulently, criminal proceedings may be brought against the latter.
2015/03/02
Committee: JURI
Amendment 51 #
Proposal for a directive
Recital 17
(17) Any compulsion used to compel the suspect or accused person to provide information should be limited. To determine whether the compulsion did not violate those rights, the following should be taken into account, in the light of all circumstances of the case: the nature and degree of compulsion to obtain the evidence, the weight of the public interest in the investigation and punishment of the offense at issue, the existence of any relevant safeguards in the procedure and the use to which any material so obtained is put. However, the degree of compulsion imposed on suspects or accused persons with a view to compelling them to provide information relating to charges against them should not destroy the very essence of their right not to incriminate one-self and their right to remain silent, even for reasons of security and public order.deleted
2015/03/02
Committee: JURI
Amendment 59 #
Proposal for a directive
Recital 23 a (new)
(23a) However, any person who is named as the subject of a complaint, denunciation or accusation by a victim during an investigation, whom there are grounds for suspecting of possibly having committed an offence and who has not been placed under judicial investigation, must be heard if the suspect so requests.
2015/03/02
Committee: JURI
Amendment 85 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. However, any person who is named as the subject of a complaint, denunciation or accusation by a victim during an investigation, whom there are grounds for suspecting of possibly having committed an offence and who has not been placed under judicial investigation, must be heard if the suspect so requests.
2015/03/02
Committee: JURI
Amendment 92 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
4a. In order to maintain the right balance between the principle of the presumption of innocence and freedom of the press, Member States shall ensure that journalists are at all times protected as regards their right to protect the confidentiality of their sources.
2015/03/02
Committee: JURI