20 Amendments of Birgit SIPPEL related to 2013/0407(COD)
Amendment 64 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should apply to natural persons and legal persons who are suspected or accused of having committed a criminal offence. It should apply at any stage of the proceedings, even beforefrom the moment thoese persons are made aware by the competent authorities of a Member State, by official notification or otherwise, that they arsuspected or accused of having committed a criminal offence, until the conclusion of such proceedings, which is understood to mean the final determination of the question whether the suspected or accused of havingperson has committed a criminal offence, untilthe offence, including, where applicable, sentencing and the concresolustion of such proceedingsany appeal.
Amendment 70 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive acknowledges the different needs and levels of protection of certain aspects of the right to be presumed innocent as regards natural persons and legal persons. Such protection as regards natural persons is reflected in abundant casHowever, bearing in mind the lawck of the European Court of Human Rights. The Court of Justice of the European Union has, however, recognised that the rights flowing from the presumption of innocence do not accrue to legal persons in the same way as to naturconsistency between Member States concerning the distinction between natural and legal persons, which results in an atmosphere of distrust and in a malfunctioning of mutual recognition, this Directive should apply to natural and legal persons.
Amendment 87 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) For the purposes of this Directive, the term 'public statement' should mean any official, unofficial or informal statement which contains information about ongoing proceedings concerning a criminal offence. This includes statements about related subsequent proceedings, which were concluded by a final acquittal of the suspect or accused person, and statements in court during the pre-trial period. The term should also cover interviews and communications issued through or in conjunction with the media as well as leaking information to the press which could create prejudice or bias against the suspect or accused person before final conviction in court. The latter is without prejudice to freedom of the press.
Amendment 88 #
Proposal for a directive
Recital 13 b (new)
Recital 13 b (new)
(13b) For the purposes of this Directive, the term 'public authorities' should be interpreted broadly and should be understood to designate not only the judicial and police authorities involved in the proceedings and any other judicial, police or law enforcement authority, but also any other public authority of any kind, including State representatives, employees or agents.
Amendment 89 #
Proposal for a directive
Recital 13 c (new)
Recital 13 c (new)
(13c) Member States should take the necessary measures to protect against public declarations of guilt before conviction by putting in place adequate contempt of court regulations, to ensure that journalists and media are not able to prejudice proceedings, and should promote the adoption of codes of ethical practice in cooperation with the media. Member States should furthermore conduct independent investigations of any leaks from criminal proceedings to the public.
Amendment 90 #
Proposal for a directive
Recital 13 d (new)
Recital 13 d (new)
(13d) In order to properly protect suspects or accused persons from public pronouncements of guilt before final conviction, Member States should also ensure that the appearance or presentation of the suspect or accused person in the courtroom before and during the trial is appropriate, since presentation in the media of suspects or accused persons in glass boxes, partitioned or in handcuffs, leg irons or prison clothes tends to create an impression of guilt from the outset.
Amendment 97 #
Proposal for a directive
Recital 17
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 orderprohibited.
Amendment 108 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) The non-admissibility of any evidence obtained in the breach of the right not to incriminate oneself and not to cooperate and the right to remain silent should also extend to evidence collected in proceedings which are not formally criminal proceedings but which might lead to a criminal sanction being imposed.
Amendment 111 #
Proposal for a directive
Recital 21
Recital 21
(21) The right to a fair trial is one of the basic principles in a democratic society, as enshrined in Article 47 of the Charter of Fundamental Rights of the European Union and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right of an accused person to be present at the trial is based on that right and should be guaranteed throughout the Union.
Amendment 115 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Where a suspect or accused person is prevented from being present at the trial for reasons beyond his or her control or in instances of force majeure, that suspect or accused person should always have the right to a re-trial.
Amendment 116 #
Proposal for a directive
Recital 26
Recital 26
(26) The principle of effectiveness of Union law requires that Member States put in place adequate and effective remedies in the event of a breach of a right conferred upon individuals by Union law, including a right to appeal. An effective remedy available in the event of a breach of any of the principles laid down in this Directive should have, as far as possible, the effect of placing the suspects or accused persons in the same position in which they would have found themselves had the breach not occurred.
Amendment 126 #
Proposal for a directive
Article 2
Article 2
This Directive applies to natural persons and legal persons suspected or accused in criminal proceedings until the final conclusion of those proceedingsat all stages of the proceedings, from the time they become suspects or accused persons until the final conclusion of those proceedings, which is understood to mean the final determination of the question whether the suspect or accused person has committed the criminal offence, including, where applicable, sentencing and the resolution of any appeal.
Amendment 138 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shallmust take the necessary measures to ensure that, before a final conviction, public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted. Statements must, in particular, not be of such a nature as to potentially encourage the public to believe suspects or accused persons guilty and/or to prejudice the assessment of facts by the competent judiciary authority.
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall furthermore ensure that suspects or accused persons are not presented in court or in public in a manner suggesting their guilt before the final conviction.
Amendment 146 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Member States shall ensure that appropriate measures are taken in the event of a breach of that requirement and shall conduct independent investigations on the breach.
Amendment 166 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Member States shall promptly inform the suspect or accused persons of their right not to incriminate themselves and not to cooperate, and explain the content of this right and the consequences of renouncing or invoking it. This shall be done prior to any questioning by public authorities, prior to the suspect or accused person giving testimony in court as well as at the moment of the arrest.
Amendment 176 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.
Amendment 182 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall promptly inform the suspect or accused persons of their right to remain silent, and explain the content of this right and the consequences of renouncing or invoking it. This shall be done prior to any questioning by public authorities, prior to the suspect or accused person giving testimony in court as well as at the moment of the arrest.
Amendment 190 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Any evidence obtained in breach of this Article shall not be admissible, unless the use of such evidence would not prejudice the overall fairness of the proceedings.
Amendment 204 #
Proposal for a directive
Article 8 – paragraph 2 – point a – point ii
Article 8 – paragraph 2 – point a – point ii
(ii) was informed of the consequences of an unjustified non-appearance and that a decision may be handed down if he or she does not appear for the trial; or