(d) the way in which the access is granted (e.g. paper format, electronic format)?
Austria
See question 4.
Belgium
See previous answers
Bulgaria
Access is granted in paper format. Access is also granted to all pieces of material evidence collected during the proceedings before detention.
Croatia
See question 4.
Cyprus
The person arrested or his/her lawyer is granted a copy of the documents mentioned above in paper format.
Czech Republic
See answer to the question 4(d).
Estonia
There is no provision on the way access to materials is granted before the close of pre-trial investigation. Therefore, it is up to the prosecutor to decide, and it can be done in paper format or electronic format.
Finland
See answer in “when not deprived of liberty”.
France
As above mentionned the same rules are applicable.
Germany
Greece
It depends on the evidence. For example, the documents are obtained in hard copy with the diligence of the accused or his/her counsel.
Hungary
Paper.
Ireland
Most information communicated to a suspect during his period in detention is communicated orally. Rarely are exhibit materials handed in hard form to the suspect.
A suspect does not for instance they have the opportunity of reviewing CCTV footage alone with their adviser.
Italy
both
Latvia
After completion of a pre-trial criminal proceedings – in paper format as a copy, when the case is closed – person is entitled to get acquainted with the material, but a copy is not issued.
Lithuania
Paper format.
Luxembourg
Paper format
Malta
As above
Poland
It’s worthy to note, above all, that in the Polish Code of Criminal Proceedings there are no formal obstacles to grant the access to the materials of the criminal proceedings in electronic format (no provision states that such access is excluded). However, nowadays the digitalization of files of criminal proceedings doesn’t exist as the standard resulting from regulations of law concerning criminal proceedings. So documents in files of criminal case have the paper format. Interpretation of the provisions of the Article 156 CCP and the mentioned reality in the field of preparing files of the proceedings in criminal cases in Poland lead to the conclusion that materials of the criminal cases are made available by the competent authorities generally in paper formats. The common practical standard is that the entitled persons have the access to paper documents from the files of the proceedings before the court (as well as – in a proper scope – to paper documents from the files of the preparatory proceedings) and they can prepare their own copies of such documents (preparation of copies includes also preparation of digital copies). However if the activities of criminal proceedings are recorded, persons having a right of access to the files of the proceedings (to materials of a criminal case) shall have also possibility of access not only to paper minutes of such activities but equally to video and audio recordings of the activities (which are attachments to the minutes). The known practice in Poland generally respects this standard (obviously if it is technically possible in places where the right of access to materials is exercised).
Portugal
The access to the material is granted in paper format, but not all the materials.
Romania
Slovakia
Paper format.
Slovenia
The access is granted in paper format.
Spain
See previous answer.
Sweden
When granted, material is generally provided in paper format. The Swedish prosecution authority and the courts also have routines for sending the material via e-mail.
(e) whether the access is granted to the lawyer or the suspected person or to both (if requested)?
Austria
See question 4.
Belgium
See previous answers
Bulgaria
Access is granted to both.
Croatia
Access is granted to both.
Cyprus
As provided by article 7(1) of the Criminal Procedure Law the documents are granted to any person who is arrested and detained or his/her lawyer.
Czech Republic
See answer to the question 4(e).
Estonia
Access is granted to both the defence counsel and the suspected person if requested.
Finland
See answer in “when not deprived of liberty”.
France
As above mentionned the same rules are applicable.
Germany
Greece
Both.
Hungary
Both.
Ireland
The materials are generally granted to the lawyer and the suspected person at the same time in the police station.
Italy
both. even if it is not always possible that an arrested person can go to the registar in order to read the papers or to get copies, since the material I kept by the secretariat of the judge
Latvia
After completion of a pre-trial criminal proceedings or when the case is closed – to both, before then – to nobody.
To the lawyer and perhaps to the suspected person on his request
Malta
Both
Poland
The access either to files of criminal proceedings before the court or to files of preparatory proceedings is available to suspects, their defence lawyers, their proxies and their statutory representatives. On the grounds of the Article 156 § 5 CCP, the right of access to files in the course of preparatory proceedings can be exercised by the parties (so, inter alia, by a suspect) also after the conclusion of preparatory proceedings. (In the mentioned context, the law-maker doesn’t enumerate clearly other subjects like a suspect’s defence lawyers, his or her proxies, his or her statutory representatives). In turn, on the basis of the Article 156 § 5a CCP if in the course of preparatory proceedings a motion to apply or to extend the temporary arrest is lodged, a suspect and his or her defence lawyer shall have a prompt access to the files of the criminal case in the area of materials including evidences presented in the aforementioned motion. Provisions of the Article 156 § 1 and §2 CCP present the possibility to entitle other persons to the access to files (for instance detainees). However they are silent about proxies or statutory representatives of such persons. Taking into account general civil law principles and criminal procedure provisions (Article 87 § 2 CCP), statutory representatives or proxies (of, for instance, detainees) also could be entitled to the access to files of the criminal case.
It could be added that – in accordance with the Article 156 § 2 CCP - on the request of a suspect (an accused person) or his or her defence lawyer it shall be delivered to them copies of documents from the files of the criminal case (such copies are delivered for a payment).
Portugal
The access is granted to the lawyer and not always to the suspected.
Romania
Slovakia
Both.
Slovenia
The access is granted to both.
Spain
In Police Station only to the lawyer. In Court premises, to both.
Sweden
Access is primarily granted to the lawyer.
The Netherlands
UK
England and Wales
See the answer to (a) above.
Scotland
As above.
Northern Ireland
(f) whether access is granted free of charge? if not or only partially, which costs arise?
Austria
See question 4. Free of charge regarding the part of the file necessary for determining the suspicions and the reasons for detention until the first hearing.
Belgium
See previous answers
Bulgaria
Access is granted free of charge. This is not explicitly provided for by the law. Thus, the importance of this requirement of the Directive is somewhat underestimated at the normative level. In my view, in order to reinforce the significance of the “free of charge” requirement, it is necessary to amend CPC by introducing the relevant rule. Anyway, in practice access is always provided free of charge.
Croatia
See question 4.
Cyprus
The relevant documents (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.) are given free of charge.
Additionally, according to the Law that provides for the Interpretation and Translation during the Criminal Proceedings (L.18(I)/2014), if the suspect or accused person does not understand the language of the criminal proceedings the competent authority ensures that, within a reasonable period of time, the accused or suspect is provided with written translation of all documents that are essential to ensure that they are able to exercise their right to defense and to safeguard the fairness of the proceedings. The Republic of Cyprus meets all costs of the translation provided by the Law.
Czech Republic
See answer to the question 4(f).
Estonia
Access is granted free of charge.
Finland
See answer in “when not deprived of liberty”.
France
As above mentionned the same rules are applicable.
Germany
Greece
Never is access given free of charge, even if the accused has a low income. The cost depends on many factors (e.g. court, the size of the file, etc.). Indicatively, in Athens, the cost of obtaining copies is 0,08 Euros per one-sided page. Usually photocopies are made by individuals operating in the courts. However, the counsel may study the file printed in the department where it is kept without obtaining copies (par. 1, Article 101 of the Greek Code of Criminal Proceedings.
Hungary
Free.
Ireland
No charge attaches to disclosure of information whether in custody or at a later stage in the proceedings.
Italy
Latvia
Free of charge.
Lithuania
The access itself is free of charge. If the suspect or the accused person asks for the copy of the particular material, then he/she is obliged to pay for it.
Luxembourg
Access free of charge
Malta
As in answer to Question 4 (f)
Poland
The access to materials of criminal proceedings – understood as a possibility to review documents which have been gathered in files of criminal case, to make own notes or own copies of such documents and so on – is free of charge. If an entitled person (a suspect, an accused, a defence lawyer, a proxy or a statutory representative or even other entitled subject) lodges a motion for delivery him or her by the competent authority of the criminal proceedings copies or certified copies of documents included in files of criminal proceedings, such copies or certified copies aren’t free of charge (interested persons shall pay for them established rates).
Only the parties of the criminal proceedings (i.e. also a suspect or an accused) are entitled to obtain, on their demand, a one free of charge certified copy of every decision in criminal proceedings which directly refers to such parties. The certified copy of a decision is delivered together with its written reasons if such reasons were made (Article 157 § 1 CCP). According to the Ordinance of the Minister of Justice of the 2nd of June, 2003 concerning the level of charges for delivery of copies of documents and certified copies from files of criminal cases (Journal of Laws of the 24th of June, 2003, No. 107, item 1006), the charge for delivery of copies of documents is 1 PLN (i.e. about 0,25€) for one page of a copy and the charge for delivery of certified copies from files of a criminal case is 6 PLN (i.e. about 1,50€) for each page. In the mentioned area, the practice in Poland coincides with legal standards.
The Article 244 § 3 CCP states, among others, about a delivery to a detainee a copy of minutes of detention. This provision doesn’t precise whether such copy of minutes is delivered to a detainee for free or not. In practice it’s delivered for free.
Due to the Article 156 § 2 CCP, on the request of a suspect (an accused person) or his or her defence lawyer it shall be delivered to them copies of documents from the files of a criminal case (such copies are delivered for a charge).
