(b) the stages for which provision is made (i.e. all the stages and proceedings mentioned)?
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Austria
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None
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Belgium
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No specific change needed.
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Bulgaria
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In my view, no changes are needed as regards the stages of criminal proceedings for which access to a lawyer is provided. Under Bulgarian procedural law, access to a lawyer is provided in both pre-trial and trial proceedings and not depending on the gravity of the accusation. Moreover, access to a lawyer is even guaranteed in cases of minor crimes where deprivation of liberty cannot be imposed as a sanction (please compare with Article 2.4(b) of the Directive). This is an example of good legislative approach and good practice in the matter.
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Croatia
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No specific change needed, see the previous answer.
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Cyprus
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The said right fully applies to all the stages and proceedings mentioned, where the suspect or accused person is deprived of liberty. In case he/she is not arrested the police is not obliged to inform the suspect or accused of his/her right of access to a lawyer.
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Czech Republic
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See the previous answer.
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Estonia
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No changes need to be made -- access to lawyer is already guaranteed at all stages of the proceedings.
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Finland
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Under this head we don’t see problems.
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France
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The presence of a lawyer is never an obligation, but always prescribed by the CPP during custody (63-3-1), before the Investigating Judge (114), before the “Tribunal correctionnel” (417).
The presence of a lawyer is mandatory only in front of the Cour d’assises (article 317), the highest Criminal court in France which deals with the most serious offenses (from the 10 years of prison until perpetuity).
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Germany
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Greece
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According to the Greek Code of Criminal Procedures (Articles 99A, 104 etc.) the provision is made for all stages.
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Hungary
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See above.
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Ireland
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b. In Irish national law we do not have confrontations per se. Neither do we have reconstructions of the scene of a crime. Even prior to the Director of Public Prosecutions guidelines in Gormley and White it was routine for solicitors to be invited to accompany their clients when identification parades are being held. Solicitors play an important role in identification parades in establishing precisely what description the purported identifying witness gave of the person whom they are about to identify and ensuring that the parade was composed of persons of a similar description. It also served to ensure that the suspected person was not isolated within the parade by virtue of his being the sole person matching the stipulated criteria. Solicitors are entitled to be present before questioning of suspects. In those parts of the Irish law of evidence which provide for inferences to be drawn.An inference cannot be drawn without a person being advised in advance of their entitlement to consult a solicitor and in fact the consultation taking place unless the suspect waives that right.
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Italy
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As above
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Latvia
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No changes needed, access to a lawyer is provided in all the stages and proceedings mentioned.
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Lithuania
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The provision is made for all the stages and proceedings mentioned.
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Luxembourg
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Aces to a lawyer is granted at the
- stage of police hearing (including nowadays the right to speak confidentially to the person you assist)
- stage of first interrogation (including nowadays the right to speak confidentially to the person you assist)
-at the stage the case is treated by the tribunal concerning the merits this confidential conversation is guaranteed especially if persons are detained.
So in Luxembourg assistance of a lawyer, in the meaning of presence of a lawyer, is assured at all the different stages of the procedure except the person put into proceeding clearly renounces to this right
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Malta
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No information
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Poland
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The right of access to a lawyer in Polish criminal proceedings and proceedings concerning petty offences – as it is regulated in appropriate regulations of the Code of Criminal Proceedings of 1997 and the Code on Proceedings on Petty Offences of 2001 – outstretches itself on all stages of the proceedings and refers to detainees and of course to suspects and accused persons. However the proper regulations not always contain the demand on prompt (or without undue delay) access to a lawyer.
It seems, that on the grounds of the Polish criminal proceedings the issue of the access of a suspect to a lawyer shall correspond clearly with the following principles: a suspect is entitled to be examined with the participation of a lawyer, this right shall not be the right of one-time character and it shall concern every examination of a suspect in the course of preparatory proceedings, regardless the reason of the next examination, a suspect has the right to contact with a lawyer before the examination, if a defence lawyer isn’t established, it’s necessary to enable a suspect the establishment of a defence lawyer or appoint such lawyer and give them possibility to have a contact to each other. The next required principle is that justified non-appearance of a defence lawyer shall not stanch the examination.
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Portugal
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No information.
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Romania
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Slovakia
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The right applies to all the stages and proceedings from the moment of being officially notified until the conclusion of the proceeding (pre-trial period as explained above included). Moreover, in case of detention, the legal counsel is mandatory without the possibility of revocation irrespective of the type of offence.
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Slovenia
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All the stages and proceedings.
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Spain
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None.
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Sweden
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See the answer under (a) above.
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The Netherlands
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Access to a lawyer is not yet granted at the stage of police hearing, although usually permitted by the police without an obligation considering that matter.
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