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The strengthening of procedural rights of suspected or accused persons in criminal proceedings in the European Union

Ingrid Breit,

European Commission

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Why EU action on procedural rights when there are ECHR standards, binding on all Member States?�

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Mutual recognition

Procedural safeguards for suspects and accused persons

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Starting Point�

Roadmap & Stockholm Programme of 2009

Measure A: Right to interpretation and translation,

Measure B: Right to information on rights (Letter of Rights) and on charges

Measure C: Legal advice - access to a lawyer and legal aid

Measure D: Communication with relatives, employers and consular authorities

Measure E: Special safeguards for vulnerable suspect and accused persons

Measure F: Green paper on pre-trial detention

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Adoption of 6 directives

  • Directive 2010/64/EU (27/10/2013)

Right to interpretation and translation

  • Directive 2012/13/EU (02/06/2014)

Right to information

  • Directive 2013/48/EU (27/11/2016)

Right of access to lawyer

Directive (EU)2016/343 (01/04/2018)

Presumption of innocence and right to be present at one's trial

Directive (EU) 2016/800 (11/06/2019)

Procedural safeguards for children

Directive (EU) 2016/1919 (26/10/2016)

Legal aid

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�Directive on Interpretation and translation

  • Procedure or mechanism to ascertain whether suspect or accused person speaks and understand the language of the criminal proceedings
  • Interpretation available during investigation and at trial; including communication with a lawyer
  • Translation of essential documents
  • Right to challenge negative decisions and complaint on quality
  • Quality of translation and interpretation

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Directive on information

  • Information concerning the fundamental procedural rights (lawyer, legal aid, accusation, interpretation and translation, right to remain silent)
  • Letter of Rights
  • Information about the criminal act persons are suspected or accused of, about the reasons for arrest/detention and about the accusation
  • Access to the materials of the case

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Directive on Access to a lawyer and communication upon arrest

  • Right of access to a lawyer: questioning, evidence gathering, deprivation of liberty
  • European Arrest Warrant Proceedings: executing and issuing Member State
  • Right to communicate with one's family, relatives and consular authorities for people in detention

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Directive on Presumption of innocence

      • No public references to guilt before proved guilty
      • Burden of proof and in dubio pro reo
      • Right to remain silent and right not to incriminate oneself
      • Right to be present at the trial and right to a new trial

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Directive on procedural safeguards for children

    • Assistance by a lawyer as core element
    • Information of child and holder of parental responsibility/another appropriate adult
    • Individual assessment
    • Medical examination
    • Audio-visual recording of police interviews
    • Safeguards in case of deprivation of liberty
    • Protection of privacy
    • Specific training

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Directive on Legal aid

  • Scope
  • Legal aid in criminal proceedings
  • Legal aid in European arrest warrant proceedings,
  • Decisions regarding the granting of legal aid
  • Quality and training

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Thank You for your attention!