Activities of Zbigniew ZIOBRO related to 2010/0215(COD)
Plenary speeches (1)
Right to information in criminal proceedings (debate)
Amendments (23)
Amendment 26 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The right to fair trial is a development of European legal culture and as such is enshrined in the constitutions of Member States.
Amendment 29 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
Amendment 31 #
Proposal for a directive
Recital 18
Recital 18
(18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the case-filmaterials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. (This amendment applies throughout the text.)
Amendment 32 #
Proposal for a directive
Recital -1 (new)
Recital -1 (new)
(-1) The right to fair trial is a development of European legal culture and as such is enshrined in the Constitutions of the Member States.
Amendment 33 #
Proposal for a directive
Recital 18
Recital 18
(18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the case-filmaterials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rightsstemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals. (This amendment applies throughout the text.)
Amendment 33 #
Proposal for a directive
Recital 19
Recital 19
(19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. To help Member States design such a Letter of Rights and to promote greater consistency between Member States, aA model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States.
Amendment 34 #
Proposal for a directive
Recital 19
Recital 19
(19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. To help Member States design such a Letter of Rights and to promote greater consistency between Member States, aA model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States.
Amendment 35 #
Proposal for a directive
Recital 21
Recital 21
(21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-file. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Access to the case-file during investigation may be also restricted where it is in the interest of the investigation.
Amendment 36 #
Proposal for a directive
Recital 24
Recital 24
(24) In accordance with the United Nations Convention on the Rights of the Child, aA child means everya person below the age of 18 years. In all action relating to children, the child's best interests must be a primary considerationrecognised as such by a Member State's criminal law.
Amendment 36 #
Proposal for a directive
Recital 21
Recital 21
(21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-filmaterials of the case. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State. Access to the materials of the case during investigation may also be restricted where it is in the interests of the investigation.
Amendment 38 #
Proposal for a directive
Recital 25
Recital 25
(25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. To help Member States design such a Letter of Rights and to promote greater coherence between Member States aA model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force.
Amendment 39 #
Proposal for a directive
Recital 26
Recital 26
(26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights.
Amendment 39 #
Proposal for a directive
Recital 24
Recital 24
(24) In accordance with the United Nations Convention on the Rights of the Child, a child means every person below the age of 18 years. In all action relating to children, the child's best interests must be a primary considerationA child means a person recognised as a child by the criminal law of the Member States.
Amendment 42 #
Proposal for a directive
Recital 25
Recital 25
(25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. To help Member States design such a Letter of Rights and to promote greater coherence between Member States aA model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force.
Amendment 43 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include as a minimum, as provided for in European and national law:
Amendment 44 #
Proposal for a directive
Recital 26
Recital 26
(26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights.
Amendment 45 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and. He should also be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless it is inappropriate for security reasons.
Amendment 55 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention. Access to certain documents may be restricted if it is in the interest of the investigation.
Amendment 58 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-file, or documents thereof, shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. A fee covering administrative costs may be collected for providing copies of documents.
Amendment 75 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
– as provided for in Union and national law.
Amendment 78 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and. He shall also be allowed to keep it in his possession throughout the time he is deprived of his liberty, unless it is inappropriate for security reasons.
Amendment 103 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detention. Access to certain documents may be restricted if it is in the interests of the investigation.
Amendment 111 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-file, or documents therein, shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge. A fee covering administrative costs may be charged for providing copies of documents.