Activities of Georgios PAPANIKOLAOU related to 2010/0801(COD)
Plenary speeches (1)
Rights to interpretation and translation in criminal proceedings (debate)
Amendments (8)
Amendment 54 #
Draft directive
Recital 12
Recital 12
(12) The finding that there is no need for interpretation or translation should be subject to the possibility of review, in accordance with national law. Such review may be carried out, for example, through a specific complaint procedure in the form of a challenge to the finding in question, or in the context of an ordinary appeal procedure against decisions on the merits.
Amendment 56 #
Draft directive
Recital 13
Recital 13
(13) Appropriate assistance should be provided also to suspected or accused persons suffering from hearing or speech impediments; in cases where there is doubt as to the need for such assistance, the hearing or speech impediment should be confirmed by a medical examination.
Amendment 68 #
Draft directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the rights to interpretation and to translation in criminal proceedings, from the point when the person concerned is charged to the end of the proceedings, including the lodging of any appeals, and proceedings for the execution of a European Arrest Warrant.
Amendment 72 #
Draft directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings concerned is provided immediately with interpretation into his native language or into another language that he understands, in order to safeguard his right to fair proceedings. Interpretation, including of communications between the suspected or accused person and his legal counsel, shall be provided during criminal proceedings before investigative and judicial authorities, including during police questioning, during all court hearings and during any necessary interim hearings, and may be provided in other situations. Where interpretation of communications between the suspected or accused person and his legal counsel is provided, every effort must be made to ensure that confidentiality is maintained. This provision does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings.
Amendment 76 #
Draft directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Member States shall ensure that a person with a hearing or speech impediment receives interpretation assistance,; if appropriate for that persn cases where there is doubt as to the need for such assistance, the hearing or speech impediment should be confirmed by a medical examination.
Amendment 78 #
Draft directive
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Member States shall ensure that at some stage in the proceedings, in accordance with national law, there is the possibility of a review of a finding that there is no need for interpretation, in the form of a challenge to the finding in question. Such review does not entail the obligation for Member States to provide for a separate mechanism in which the sole ground for review is the challenging of such finding.
Amendment 81 #
Draft directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand the language of the criminal proceedings concerned is provided with a high-quality translation, into his native language or into another language that he understands, of all documents which are essential in order to safeguard his right to fair proceedings, or at least the important passages of such documents, provided that the person concerned has the right of access to the documents concerned under national law.
Amendment 90 #
Draft directive
Article 6
Article 6
Nothing in this Directive shall be construed as limiting or derogating from any of the rights and procedural safeguards that may be ensured under the European Convention for the Protection of Human Rights and Fundamental Freedoms, underthe Charter of Fundamental Rights of the European Union and other relevant provisions of international law or under the laws of any Member States which provide a higher level of protection.