(b) at which stage it is provided?
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Austria
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As pointed out, immediately after deprivation of liberty.
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Belgium
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As soon as and before a person being arrested will be interrogated
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Bulgaria
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According to CPC, together with bringing the charge (please see the answer to Question 1 (b) above), a measure to prevent reoffending or absconding from justice may be imposed. If the measure is to be pre-trial detention on remand, it is to be imposed by the court upon a request by the prosecutor. The law allows the prosecutor to impose detention on the accused person for not more than 72 hours for the sake of the need to bring speedily the accused person to the court, so that the court could resolve in due time the prosecutor’s request to impose detention on remand as a measure to prevent reoffending or absconding from justice (we call this type of detention “detention by the prosecutor” in my country).
As strange as it may seem and contrary to the conclusions of the analysis of the Bulgarian Ministry of Justice (please see the answer to Question 1 (a) above), Bulgarian law stipulates for the provision of the Letter of Rights only in the cases of police arrests covered by the rules of MIA. The respective rules of the CPC, covering both detentions by the prosecutor and detentions on remand imposed by the court as measures to prevent reoffending or absconding from justice, do not utter a single word about providing the accused person(s) with a Letter of Rights. Concerning this very serious flaw and notwithstanding the conclusions of the analysis of the Bulgarian Ministry of Justice, Bulgarian law has to be speedily amended in accordance with the requirements of Article 4.1 of the Directive.
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Croatia
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See the previous answer. Promptly after deprivation of liberty.
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Cyprus
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See answer in Question 2 (a).
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Czech Republic
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See the previous answer.
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Estonia
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The letter of rights shall be submitted at the very beginning of detention. The person is entitled to keep the letter of rights in his/her possession during the whole time the person remains is custody.
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Finland
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See above.
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France
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See above
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Germany
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Greece
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Under current legislation and in particular Article 103 of the Greek Code of Criminal Proceedings, information is given immediately following the verification of the identity of the accused by the competent authorities. It is also permitted in accordance with applicable legislation and in particular with Article 99A par. 3 of the Greek Code of Criminal Proceedings, as inserted by Law 4236/2014 and practice, to suspects or accused to retain this document in their possession throughout the duration of the deprivation of their liberty.
But usually this is fulfilled at the stage of the investigation, i.e. when the accused appears before the interrogator for his/her apology. In questioning, particularly when carried out in remote areas, this is difficult to implement.
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Hungary
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See above.
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Ireland
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The notice of rights is provided upon reception at the Garda Station.
Further information in relation to the investigation is provided during the currency of the detention. The gardai have very broad discretion in relation to what material is disclosed and what is not disclosed. It is often the preference of the police to withhold details from an interviewee in order that the interviewee might commit themselves to a version of events inconsistent with readily established facts. This practice is considered unfair by defence practitioners but is not condemned by the Courts. The situation is most complicated when the police seek to invoke inference provisions whereby adverse inferences can be drawn from the failure of persons to account for certain matters put to them in interview. The relevance of those matters is sometimes not clear without full disclosure of other matters being made. This leads to a careful balancing exercise on behalf of the police who wish to get the benefit of the inference while at the same time retaining some of their secrets. The situation is addressed very fully in recent advice provided to members of the police force by their superiors in relation to handling detentions of persons and interviews. The guidance is attached as an appendix to this response.
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Italy
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In practice, the arrest warrant are issued during the stage of the investigations.
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Latvia
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When the person has acquired the right to defence.
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Lithuania
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At the pre-trial investigation stage, just before the first questioning.
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Luxembourg
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At no stage
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Malta
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As above
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Poland
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A suspect in preparatory proceedings receives the letter of rights before the first questioning. It means that it happens after the announcement of the decision on submission of charges (or after the oral announcement of the charges) and before the starting of the first questioning. In practice it is equivalent with the term ‘immediately’. In Poland, there are no serious signals that in particular criminal proceedings (in preparatory proceedings) this duty is fulfilled by the competent authorities of criminal proceedings not promptly, with undue delay. Fragmentary practical observations let to make a statement that a suspect (an accused) temporarily arrested receives the letter of rights together with a court decision on applying the temporary arrest.
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Portugal
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When arrested or detained and presented before a judicial authority.
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Romania
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Slovakia
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In the pre-trial stage. At the trial is the accused informed about his rights again before the interrogation at the hearing.
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Slovenia
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At the first police questioning as soon as persons are made aware by the police that they are suspected or accused of having committed a criminal offence and are arrested or detained.
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Spain
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At any stage.
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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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See (a) above.
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UK
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England and Wales
See answer to (a) above.
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Scotland
When the suspect/accused is being processed at a police station in respect of their detention/arrest.
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Northern Ireland
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