Where provided, access to the materials of the case is granted in due time and as long as necessary in order to challenge effectively the lawfulness of detention.
Croatia
See question 4.
Cyprus
Every member of the Police that arrests any person, provides to that person, right after his/her arrest, with a document (Rights of Detained Persons), written in a language he/she understands. According to this document the person is informed about the rights inter alia about his/her right of access to the material of the case.
Czech Republic
See the previous answer.
Estonia
There is no specific time provided in the law when such access may be granted. The only rule on timing is § 341(1) of CCP, which provides that access must be granted 'at the latest' after the close of pre-trial investigation. However, from the context and meaning of § 341(2) of CCP, one can almost certainly conclude that access must be granted at such moment which enables the suspect/accused and defence to submit arguments to the judge deciding upon the application of detention, or to prepare and submit a challenge against the decision.
Finland
See previous answer. All material is usually given only when the pre-trial investigation phase has ended.
France
As above mentionned the same rules are applicable.
Germany
Greece
During the adduction the accused is given the ability to receive copies of the file and a time limit to apologize.
Hungary
See above. Before the decision of the court on detention.
Ireland
Detentions for the purpose of investigation in Ireland can be quite lengthy including up to 7 days in organised crime and drug cases.
The first 48 hours are authorised by the police themselves. Thereafter application is made to a Court for an Order extending the period of detention.
As a matter of tactics the authorities will put questions in the final interview of the 48-hour portion which they say requires them to make further enquiries to vouch the answers given e.g. alibi etc. This is used as a method of justifying an extension. Often the most damning material is withheld until the final interview of a seven-day detention to maximise the possibility that an accused will commit themselves to a patently untrue but exculpatory version which can be undermined.
Italy
There is not a time limit. If there is a warrant issued by the judge, the access is granted immediately and subject only to the opening hours of the office.
Latvia
Access to the material is granted only after completion of a pre-trial criminal proceedings or when the case is closed.
Lithuania
It is provided before the decision making on the detention of the suspect or at any other moment of the pre-trial investigation.
Luxembourg
After the first interrogation at the same time when access to the rest of the case file is granted.
Malta
Upon request
Poland
If we consider the issue of the access to certain materials of a criminal case of persons detained on the basis of a European Arrest Warrant, the adequate regulations of the Code of Criminal Proceedings (Articles 244 and 607l) as well as the model letter of rights don’t determine the time of making such access possible. The nature of the procedural situation of the mentioned detainee demands, surely, that such access ought to be prompt. General observations of some cases in practice lead to conclusion that the right of access to materials of a criminal case is exercised without undue delay.
Regulation of the Article 156 §5a CCP expressively requires that a suspect and his or her defence lawyer - in case of lodging a motion for application or extension of the temporary arrest in the course of preparatory proceedings - shall have a prompt access to the files of the criminal case in the area of materials including evidences presented in the aforementioned motion. There are no signals from practice that the competent criminal justice bodies infringe this statutory standard concerning the time.
Portugal
The access to the materials, in practice, sometimes is not granted in a due time.
Romania
Slovakia
Information is provided upon request. Should the access to files cause delays in the criminal proceeding, the law enforcement bodies are entitled to limit the access to the files by an adequate period of time.
Slovenia
Access to materials shall be granted by police in case that a detention of a suspect lasts more than six hours (Article 157/6) only for the purpose of an appeal against detention.
However, in practice, during the police detention/arrest the suspect is not given the possibility to access documents related to the specific case in the possession of the police.
Spain
Promptly in Court premises.
Sweden
There are no explicit provisions in Swedish law concerning the right of access in due time, as set out by the Directive.
As access to the information upon which the arrest order is based, in practice is depending on a request from the suspected person, it can be questioned whether the Swedish practice fully meets the requirements of the directive in this regard.
The compilation of documents put together before the detention hearing is normally provided to the lawyer within short notice; usually the same day as the hearing and rather often just before the hearing starts. With these limited timeframes, and as additional information usually is presented during the hearing, there is doubt that the suspected person is allowed an effective exercise of the right to challenge the lawfulness of the deprivation of liberty.
The Netherlands
See answer to (a) above.
UK
England and Wales
See the answer to (a) above.
Scotland
In accordance with the timescales set out above.
Northern Ireland
(c) the quality and quantity of material provided?
Austria
See question 4.
Belgium
See previous answers
Bulgaria
Access is provided to all the original materials of the case. The accused person and her/his lawyer are allowed to take notes on the materials without any limitations.
Croatia
See question 4.
Cyprus
According to article 7(1) of the Criminal Procedure Law (Capital 155), any person who is arrested and detained or his/her lawyer, is entitled to be provided in time access to essential documents, which are relative to the case and are in the possession of prosecution and which are necessary for the effective challenge of the lawfulness of the arrest and detention. For the purpose of this article, "essential documents" are considered: a copy of the arrest and detention warrant, a copy of the application and the affidavit on the basis of which the warrant was issued. In my opinion the “essential documents” might not be enough to challenge the lawfulness of the arrest. Any other document in the investigation file which is deemed essential should be available to the defence lawyer. According to the ECHR case law (see inter alia Nikolova v. Bulgaria (2001) 31 EHRR 3) equality of arms requires that the detainee be given disclosure of all relevant evidence in the possession of the authorities. In case the prosecution denies access to those documents to the suspect or accused or his/her lawyer, the Court should be empowered to grant an order of disclosure after perusal of the documents if necessary.
Czech Republic
See answer to (a).
Estonia
According to the law, 'any evidence which is essential in order to discuss whether an arrest warrant is justified and for contesting detention' must be made available. However, due to the fact that the prosecution has wide discretion to refuse access, it is effectively up to the prosecutor to decide what materials, if any, are made available.
Finland
See answer in “when not deprived of liberty”.
France
As above mentionned the same rules are applicable.
Germany
Greece
Copies of the whole file are provided, except for the occasions under par. 3 of Article 101 of the Greek Code of Criminal Proceedings, as previously described in detail.
Hungary
See above.
Ireland
This varies greatly. Generally if the authorities have a very strong case they are quite comfortable in making full disclosure during the interview period. If conversely their case will depend on securing a confession from the suspect they are inclined to withhold information rather than volunteer it.
Italy
everything
Latvia
After completion of a pre-trial criminal proceedings or when the case is closed – fully, before then – nothing is provided.
Lithuania
The quality and quantity of material provided depends on the prosecutor whose aim is to prove to a pre-trial investigation judge or to a judge of the higher instance that the particular suspect should be detained.
Luxembourg
Depends on the work of the authorities in charge of the file.
Malta
As to availability at the time of request
Poland
Documents from files of the criminal proceedings available for a detainee are minutes of detention. Documents from files available to detainees on the basis of a European Arrest Warrant must concern the reasons of detention. For sure such documents are minutes of detention but in the collection of such documents could be included also others documents (the quality of such documents shall be determined as essential). Documents available for suspects and their defence lawyers in the course of preparatory proceedings - in case of lodging a motion for application or extension of the temporary arrest by the public prosecutor in the course of preparatory proceedings – should be materials including evidences presented in the aforementioned motion. All the mentioned documents should be called as essential because of their character (though the law-maker doesn’t use the word ‘essential’). Quantity of materials of which a proper person deprived of liberty exercises a right of access to them isn’t determined by the law-maker. (However it should be mentioned that a detainee or a detainee on basis of a European Arrest Warrant are entitled to receive ex officio one copy of minutes of detention – see the Article 244 § 3 CCP as well as the Article 607l in relation with the Article 244 CCP). Suspects and accused persons – each of them – receive, on their demand, one certified copy of every decision.
Undoubtedly, quantity of available materials should be necessary to safeguard a concrete person his or her procedural rights (right to challenge a decision, right to defence). The quality (technical one) of available materials shall be appropriate – persons shall exercise their right of access to information having possibility to receive and review documents and other materials which are readable. Unfortunately in Poland the latter demand not always is fulfilled in a satisfying way.
Portugal
Several times it is difficult to access to the materials, because it is a profusion of materials and it is necessary to consult it at the court of justice.
Romania
Slovakia
Complete files of the investigation, including evidence and data collected during investigation, except for the voting report and those sections of the report that contain data on the identity of an undercover agent. Undisclosed materials, bank secret, commercial secret, tax secret, post and telecommunication secrets must be respected.
In pre-trial stage the judge may refuse the accused or his lawyer to access the whole content of the file in the proceeding on detention, apart from the information related to the facts and evidence relevant for the decision on the detention. This situation might appear of the access to the whole file could threat the purpose of the criminal investigation.
Slovenia
All the evidentiary material is provided in the form (i.e. quality and quantity) that the court has it too.
Spain
See previous answers
Sweden
The compilation of documents handed to the lawyer in connection to the detention hearing generally consists of copies of documents from the investigation, e.g. police reports, transcripts of interrogations, medical reports etc. In some cases, often in larger-scale investigations, only a memorandum with a summary of particular circumstances of the investigation is provided to the lawyer.
The Netherlands
Usually a hard copy of the file is delivered to the lawyer who is supposed to provide his client with a copy. Often the file has been organized by the police. The police often makes an index and a summary of the findings and their conclusions.
