BETA

6 Amendments of Monika HOHLMEIER related to 2011/0154(COD)

Amendment 66 #
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 #
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 137 #
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 #
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 171 #
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 #
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