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Activities of Axel VOSS related to 2011/0154(COD)

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Amendments (16)

Amendment 45 #
Axel VOSS
Proposal for a directive
Title
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrestDoes not apply to English text.
2012/03/22
Committee: LIBE
Amendment 47 #
Axel VOSS
Proposal for a directive
Recital 6 a (new)
(6a) The term ‘lawyer’ should be regarded as including any person who is qualified under the national law of the Member State concerned to provide legal advice and assistance to suspects and accused persons.
2012/03/22
Committee: LIBE
Amendment 66 #
Axel VOSS, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Recital 14
(14) Since confidentiality of communication between a suspect or accused person and their lawyer is key to ensuring the effective exercise of the rights of the defence, Member States should be required to uphold and safeguard the confidentiality of meetings between the lawyer and the client and of any other form of communication permitted under national law. CExceptions to the confidentiality rule should not be subject to any exception; be made only on the basis of strict legal criteria.
2012/03/22
Committee: LIBE
Amendment 68 #
Axel VOSS, Manfred WEBER, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Recital 14 a (new)
(14a) Since the purpose of any criminal proceedings must be to establish the truth, in exceptional, serious circumstances Member States should continue to enjoy the option of departing from the principle of confidentiality if there is a danger that a confidential conversation could give rise to interference with evidence.
2012/03/22
Committee: LIBE
Amendment 78 #
Axel VOSS
Proposal for a directive
Recital 26
(26) The European Court of Human Rights has consistently held that any adverse consequences deriving from a breach of the right to a lawyer must be undone by placing the person in the same position they would have found themselves had the breach not occurred. This may require retrial or equivalent measures if a final conviction was made in breach of the right to a lawyer;deleted
2012/03/22
Committee: LIBE
Amendment 79 #
Axel VOSS, Manfred WEBER
Proposal for a directive
Recital 27
(27) Since the European Court of Human Rights has established that irretrievable damage to the rights of the defence results from the use of an incriminating statement made by the suspect or accused person without access to a lawyer, Member States should be required in principle to prohibit the use of any statements given in breach of the right of access to a lawyer as evidence against the suspect or accused person unless the use of such evidence would not prejudice the rights of the defence. This should be without prejudice to the use of statements for other purposes permitted under national law, such as the need to execute urgent investigative acts or to avoid the perpetration of other offences or serious adverse consequences for any person;deleted
2012/03/22
Committee: LIBE
Amendment 84 #
Axel VOSS
Proposal for a directive
Article 2 – paragraph 1
1. This Directive applies from the time a person is made aware by the competent authorities of a Member State, by official notification or otherwise, that he is suspected or accused of having committed a criminal offence, and irrespective of whether he is arrested or not, until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspected or accused person has committed the offence, including, where applicable, sentencing and the resolution of any appeal.
2012/03/22
Committee: LIBE
Amendment 86 #
Axel VOSS
Proposal for a directive
Article 2 – paragraph 1 a (new)
1a. Within the meaning of this Directive, the term ‘lawyer’ shall include any person who is qualified under the national law of the Member State concerned to provide legal advice and assistance to suspects and accused persons.
2012/03/22
Committee: LIBE
Amendment 108 #
Axel VOSS
Proposal for a directive
Article 4 – paragraph 1
1. The suspect or accused person shall have the right at any stage of the proceedings to meet with the lawyer representing him.
2012/03/22
Committee: LIBE
Amendment 118 #
Axel VOSS
Proposal for a directive
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any other investigative or evidence-gathering act at which the suspect or accused person’s presence is required or permitted as a right, in accordance with national law, unless this would prejudice the acquisition of evidence or delay that acquisition to a disproportionate degree.
2012/03/22
Committee: LIBE
Amendment 125 #
Axel VOSS
Proposal for a directive
Article 4 – paragraph 4
4. The lawyer shall have the right to check the conditions in whichaccess the place where the suspect or accused person is detained and to this end shall have access to the place where the person is detainedshall have the right to submit to the competent judicial authority an application for authorisation to check the conditions of detention.
2012/03/22
Committee: LIBE
Amendment 137 #
Axel VOSS, Manfred WEBER, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Article 7
Member States shall ensure that the confidentiality of meetings between the suspect or accused persona person to whom Article 2 applies and his lawyer is guaranteed. They shall also ensure the confidentiality of correspondence, telephone conversations and other forms of communication permitted under national law between the suspect or accused person and his lawyer. On the basis of instructions from the competent judicial authority, exceptions to the principle of confidentiality shall be considered only if there are grounds for suspecting that the lawyer could be implicated in the offences committed by the accused person or when this is necessary to avert a present danger to a person’s life or freedom.
2012/03/22
Committee: LIBE
Amendment 161 #
Axel VOSS, Hubert PIRKER, Monika HOHLMEIER
Proposal for a directive
Article 10 – paragraph 2
2. Member States shall ensure that any statement made by such person before he is made aware that he is a suspect or an accused person may not be used against him.deleted
2012/03/22
Committee: LIBE
Amendment 164 #
Axel VOSS
Proposal for a directive
Article 11 – paragraph 2 – subparagraph 1 – indent 4
– the right that his lawyer has access to the place where the person is detained in orderand his lawyer’s right to make an application to the competent judicial authority for authorisation to check the conditions of detention.
2012/03/22
Committee: LIBE
Amendment 171 #
Axel VOSS, Monika HOHLMEIER
Proposal for a directive
Article 13 – paragraph 2
2. The remedy shall have the effect of placing the suspect or accused person in the same position in which he would have found himself had the breach not occurred.deleted
2012/03/22
Committee: LIBE
Amendment 173 #
Axel VOSS, Manfred WEBER, Monika HOHLMEIER
Proposal for a directive
Article 13 – paragraph 3
3. Member States shall ensure that statements made by the suspect or accused person or evidence obtained in breach of his right to a lawyer or in cases where a derogation to this right was authorised in accordance with Article 8, may not be used at any stage of the procedure as evidence against him, unless the use of such evidence would not prejudice the rights of the defence.deleted
2012/03/22
Committee: LIBE
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