(c) changes in the information?
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Austria
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He must be informed about additional facts that cause the suspicion of another criminal act, if such facts arise during the investigation (§ 50(1) StPO).
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Belgium
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(see answer above)
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Bulgaria
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At both the legislative and the practical level changes in the information about the accusation are provided in full compliance with the requirements of the Directive.
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Croatia
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Both suspect and accused person must be provided with all changes in the information, as it is prescribed with this Directive.
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Cyprus
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According to article 13 of the Criminal Procedure Law Cap 155, every arrested person must be transferred to a police station and without delay he/she must be informed in a language he/she understands about the reasons of his/her arrest or detention and about the offence that he/she is accused of having committed. These persons must be provided, while in custody, reasonable facilities in order to ensure receipt of legal advice to enable them to be released on bail or to make arrangements for his/her defence or release. It is provided that the arrested person is informed immediately regarding any change in the provided information, which significantly affects his/her position as a suspect.
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Czech Republic
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If the fact is during the investigation assessed as other criminal offence than how it was legally qualified in the resolution on the commencement of the criminal prosecution, the police authority shall notify the accused about that (see Section 160(6) CCP)).
The indictment may be submitted only for the same fact as the fact for which the criminal prosecution started. If the public prosecutor legally qualifies the fact differently, he shall inform the accused about the change in the legal qualification before submission of the indictment (see Section 176(2) CCP)).
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Estonia
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Changes in the initial suspicion are routine practice, and information on such changes is provided by submitting the revised text of the suspicion to the suspect before he/she is interviewed during pre-trial investigation.
Changes in the statement of charges (indictment) can be made in two circumstances:
a) when the trial judge orders the indictment to be returned to the prosecutor due to the fact that the indictment does not meet the requirements of the law -- the prosecutor must then prepare a new indictment, and submit it to the accused and his/her counsel and the court, effectively starting a new trial;
b) an indictment can be changed by the prosecutor during the trial proceedings. In that case, changes must be submitted in writing, and the accused or his/her counsel can request the trial proceedings to be postponed in order to prepare the defence.
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Finland
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According to the Criminal Investigation Act, also changes in the information needs to be given promptly (as quickly as possible). Usually this also happens.
In principle, according to the Criminal Procedure Act, the prosecutor is not allowed to alter the charge after it has been brought. However, it is not considered altering if the prosecutor announces another section of law than in the subpoena, or if he invokes another section in law than in the subpoena or invokes a new circumstance in support of the charge. The prosecutor can also expand the charge against the defendant to comprise a different act, if the court finds it appropriate.
In practice the charge – especially in larger cases – can change during the trial and the final deed description can be given in closing arguments. This is obviously not very helpful from the defence point of view.
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France
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In that case, nothing is scheduled. Either the police start from the beginning all the notifications, either, the only mention the change during the interview and keep on with the custody measure.
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Germany
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Greece
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In any case, before referral to trial, the accused is informed of the accusation as it stands at the conclusion of the pre-trial stage. There can be a change of the accusation, if it is permissible under national law (e.g. the accused is referred to trial as an instigator of a crime and judged guilty as a direct accomplice, without interrupting the process in order to be informed about this change).
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Hungary
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Changes are also translated to the mother tongue of the accused.
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Ireland
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Once the prosecution has been commenced the prosecution are under a continuing obligation to make disclosure to an accused not only of material which the prosecution propose to rely upon, but also material which either undermines the prosecution case, assists in establishing a case for the defence or points to either of those two objectivists.
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Italy
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The Prosecutor is entitled to change part of the description of the illicit conduct even during the trial. In such a case, the defendant has the right to ask for new evidence. In practice, it happens that the Prosecutor does not make any change and the defendant is found guilty for offences even slightly different, if he was aware of all the evidence and material of the case and exercise his/her right to defence him/herself.
This is a very controversial point in the Jurisprudence and it depends from case to case.
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Latvia
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A new document is issued without undue delay.
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Lithuania
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Changes in the accusation (i.e. Act of Indictment) could be made during the court hearings. In such case the accused person should be given time sufficient for the preparation for the defence against the new accusations.
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Luxembourg
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No changes in information so far, the directive isn’t not even implemented.
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Malta
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Allowed
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Poland
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Neither Article 244 § 2, § 3 or § 5 CCP (concerning a detention) nor Article 607l § 4 CCP (concerning a detention on the basis of a European Arrest Warrant) as well as neither a model letter of rights concerning a detainee nor a model letter of rights concerning a detainee on the basis of a European Arrest Warrant don’t contain the demand to inform such detainees about changes in information about the reasons of detention. So, in Polish regulations there is no demand to inform a detainee that – for instance – a reason of detainee has disappeared. In turn, Article 300 § 1 CCP and a model letter of rights and duties of a suspect include a demand to inform a suspect not only about the charge (about a charged criminal act which a person is suspected of having committed) but also about possible changes of this charge – i.e. about a supplement of the charge or about a modification of the charge). In turn, the Article 263 § 8 CCP indicates the right of a suspect (an accused) temporarily arrested to information about charges and the model letter addressed to such person (attached to the proper ordinance of the Minister of Justice) indicates the right to information on charges, on their supplement, on their modifications as well as on the legal qualification of the charged criminal act.
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Portugal
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Accused persons are in general informed of any changes in the information given.
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Romania
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Slovakia
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If there are grounds for changing charges the police has to notify the accused in writing (either by mail or in the Minutes of the proceeding).
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Slovenia
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Suspects or accused persons are informed promptly of any changes in the information.
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Spain
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The suspect is informed promptly about the changes.
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Sweden
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According to practice, the suspected person shall be informed about any changes of the suspicion that might occur during an ongoing preliminary investigation.
According to law, the accused person shall be informed about any changes of the charges that might occur after the indictment has been submitted to court.
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The Netherlands
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See the answer to (a) above.
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UK
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England and Wales
The right to information about the accusation is extended to ensure that the detainee is informed of the grounds for his detention and arrest if he is arrested for any further offences of other grounds of detention subsequently come to light. [§3.4(b)]
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Scotland
The police submit a report to The Crown Office and Procurator Fiscal Service (COPFS), the only public prosecution authority in Scotland. Decisions about the exact nature and wording of charges are made by COPFS, after consideration of the facts and information provided by the police. The charge the accused will ultimately face in court (as detailed on the indictment or complaint) may differ from the charge(s) preferred by the police. The accused is provided with a copy of the indictment/complaint and a summary of the evidence against him.
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Northern Ireland
Changes in the information – No formal procedure to disclose changes in information however in terms of the interview process police will seek to rely on answers given by suspect to questions at any trial and accordingly a failure to disclose a change in the information is something that could be raised by the defendant at trial. CHECK THAT IS CORRECT. It is unlikely any inference could be drawn from failure to answer Qs in these circumstances
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