Taking into account the discrepancies having been depicted so far, between national law and national practice, on the one hand, and the requirements of the Directive, on the other, it is to be specified that, where provided for by national law or in practice,the right to information about rights is noted by use of the recording procedure specified in Bulgarian law.
Croatia
See answer to the question 1a.
Cyprus
In case the suspect or accused is not arrested then see my answer in Question 1(d).
In case information is provided to an arrested person, in accordance with the provisions of the Rights of Persons who are Arrested and Detained Law (Law 163(I)/2005), that is recorded in the relevant investigation file along with the date and time at which the information was provided.
In case an arrested person requests to exercise any right provided in the above mentioned Law, this is also recorded in the relevant investigation file together with the date and time that the right was exercised.
It is provided that if any of the rights provided by Law were not exercised this is also recorded in the relevant investigation file along with the reasons why the right was not exercised. In case that the arrested person does not wish to exercise the rights provided by Law, this is recorded in the relevant investigation file from the person responsible for the questioning and it is signed by the arrested person. It is also provided that in case that the arrested person refuses to sign, the person responsible for the questioning records the fact of the refusal.
Lastly, if an arrested person does not ask to exercise the rights provided by Law, he/she is not deprived of his/her right to exercise them at any other time, during his/her detention.
Czech Republic
See answer to the question 1(a).
Estonia
Information about rights is submitted to the suspect on paper and the suspect is asked to read the text and to confirm by his/her signature that they have read and understood the rights. This forms a part of the record of arrest of the person as well as the record of his/her interview.
Finland
See answer in Question 1. In addition to giving a two-page letter to the suspect, the rights are usually always included in the beginning of the first minutes of the interrogation; sometimes in the beginning of all the minutes of interrogations.
France
see above.
Germany
Greece
It is recorded in a concise manner that the defendant has been informed and then signed.
Hungary
In case of questionings or hearings, the information about rights is always recorded.
Ireland
When a person is taken into custody they will typically have included in the custody record the time at which they were given their notice of rights. The notice of rights in its current form does not comply with the directive and is under revision. It is expected that a revised form will be required. When a person is produced before a Court every Court has its proceedings recorded on a digital audio system. This will include the judge advising the person of their entitlement to legal representation and enquiring as to interpretation and translation.
Italy
Both(information and letter of rights) are kept, together with the evidence of the delivery to the accused person, are kept in the file case
Latvia
Receival of the provided information is confirmed with signature in protocol.
Lithuania
The second example of the notification with the signature of the suspect is being attached to the case material.
Luxembourg
No recording procedure
Malta
Legislative sanction
Poland
Providing to a detainee the information about rights of a detainee (as well as a detainee on the basis of a European Arrest Warrant) shall be indicate in the minutes of detention. The minutes of detention include a section titled ‘declaration of detainee’ and in this section a detainee – by his or her signature – declares that he or she has been informed about the reasons of detention and his or her rights. Also, a detainee declares in the same manner that he or she has received a letter of rights of a detainee in criminal proceedings or letter of rights of a detainee on the basis of a European Arrest Warrant). Minutes of the detention are attached to the files of criminal cases.
In preparatory proceedings the providing to a suspect the information about his or her rights (and duties) is noted in the minutes of examination of a person as a suspect in criminal proceedings. The minutes of examination shall include the notation that a concrete person has been informed, before the first examination, about his or her rights include in the letter of rights and duties. A suspect declares in minutes – by his or her signature – that he or she has received the letter of rights and duties in writing.
An accused - during the trial before the court and as well as before the first examination in the court – is instructed by the presiding judge about his or her rights according to the Article 386 § 1 CCP (i.e. about the right to depose, right of refusal to depose, the right of refusal to answer questions, the right to give evidences and about some other issues). Such instruction (information about rights) is contained in the minutes of the trial. Due to the Article 143 § 1 CCP point 11 the course of trial needs the preparation of minutes (by the way – the minutes are also demanded for documentation of the course of court sitting, if entitled persons are present during this sitting or their presence is mandatory one – see the Article 143 § 1 point 10 CCP). If during the proceedings before the court an accused (or other entitled person) applies for the possibility of access to the materials of the criminal cases, a proper decision in this field is made by the judicial authority (order of the president of the court or the decision of the court). These decisions are contained in the files of the criminal case in proceedings before the court.
By the way, in preparatory proceedings the order of the public prosecutor giving the grounds for the possibility of exercise by entitled persons the right to access to materials of the criminal case is attached to the files of the concrete criminal case. It’s worthy to remark that in the light of the Article 143 § 1 point 8 CCP a procedural activity of a competent authority in criminal proceedings which requires the minutes is also the activity of final becoming familiar of a suspect, an injured person, defence lawyers and legal representatives with the materials of the preparatory proceedings. Such minutes are attached to the files of a criminal case. In turn, the Article 143 § 2 CCP states that minutes are also necessary for documenting procedural activities undertaken in criminal proceedings if specific regulations demand it or if in the opinion of an official responsible for the activity the preparation of minutes will be considered as necessary. In other situations the sufficient form of documentation of activities is a preparation of an official note (official memorandum). Such official memorandums are also attached to the files of criminal case.
In the area of the analyzed issue, the legal standard and practical standard seem to cover themselves.
Every act in the course of criminal proceeding must be recorded in the Minutes, either while the act is being performed or directly afterwards
Slovenia
The right to information about rights in noted in the minutes of the hearing of the suspect or accused.
Spain
It is provided in Police Station and in Courts. Not always a paper with th rights is given to the suspect.
Sweden
A record shall be kept of all matters of importance to the investigation. When information on procedural rights is provided this ought to be noted in the record.
Notes of the provided information on procedural rights are not systematically included in the record of the preliminary investigation that is delivered to the lawyer. Due to this, and as a lawyer usually has not been appointed at the time when the information should be provided, the lawyer often has limited knowledge of whether the information has been provided in full accordance with Article 3 and 4.
Information about the accusation provided in the course of interrogations is noted in the record of the preliminary investigation. The information is included in the material delivered to the lawyer. Any such information provided in other situations, e.g. in direct connection with an apprehension, is at least not noted in the material delivered to the lawyer.
Starting point is that the file should mention that the rights have been notified to the suspect. Article 27c.5 implements article 8.1 of the Directive in this regard.
In practice, mostly the file only mentions that the suspect has been notified of his right to remain silent and of the fact that he is entitled to have a consultation with his lawyer prior to his first interrogation.
A custody record must be opened as soon as practicable after the arrival of a person brought to a police station under arrest, the arrest of a person who voluntarily attended a police station or the arrival of a person at a police station to answer bail. [§2.1] Information recorded in the custody record includes:
the offence(s) that the detainee has been arrested for and reasons for the arrest and the grounds for detention and that the detainee has been informed of said grounds [§3.4(a)]
the responses of the detainee to offers of legal advice and whether they wish to have someone informed of their detention [§3.5(a)-(b)]
Scotland
To the nature of the charge, and any reply given in response to the caution, are recorded in detention/arrest forms.
Northern Ireland
Where a person has been detained in custody a record is made on their custody record that they have been served with their letter of rights (copy attached) and they are asked to sign to confirm that they have received this material. An electronic record of their signature will then be produced on any copy of the custody record provided.
(b) the Letter of Rights
Austria
The Letter of rights must be given to the suspect in writing. Moreover, the fact that the letter was given to the suspect and the fact that he has been informed about his right must be recorded in writing.
Belgium
Recorded in the statement of interrogation
Bulgaria
Taking into account the discrepancies having been depicted so far, between national law and national practice, on the one hand, and the requirements of the Directive, on the other, it is to be specified that, where provided for by national law or in practice, the right to information about the Letter of Rights is noted by use of the recording procedure specified in Bulgarian law.
Croatia
See answer to the questions 1(a), 2(b).
Cyprus
As regards the document with the Rights of Detained Persons, the arrested person is asked to sign a statement that he/she was informed about his/her rights and that he/she received a copy of: Letter of Rights, Declaration by the Detained Person, Right of detained person to medical examination and Detention centre rules, in a language that he/she understands. This statement is included as Annex A4 in the document with the Rights of Detained Persons.
Czech Republic
See answer to the questions 1(a), 2(b).
Estonia
There is no provision in CCP on making a note concerning the provision of letter of rights to the suspect.
Finland
According to the Criminal Investigation Act, the letter needs to be given in writing. In the Government Decree relating to the Act, there is a specific provision on the fact that when a person is arrested, inter alia when and who has given the letter of rights shall be registered.
Receival of the Letter of Rights is confirmed with a signature on the Letter of Rights.
Lithuania
See the answer (a).
Luxembourg
Not even existing
Malta
As above
Poland
Letters of rights are provided to detainees and detainees on the basis of a European Arrest Warrant and this fact is noted in the minutes of detention. Either a detainee or a detainee on the basis of a European Arrest Warrant declare that they received an adequate letter of rights by their signatures in the separate section of the minutes of detention. In the minutes they can also make a statement, among others, in the relation with the information about the reasons of detention as well as about the rights they might exercise. Both model letter of rights for a detainee and model letter of rights for a detainee on the basis of a European Arrest Warrant (attached to the proper ordinances of the Minister of Justice) include the information about the right of the mentioned detainees to be heard and to make or to refuse of making a statement in their situations. In Poland, the standard of practice corresponds to the mentioned legal standard.
A suspect receives his or her letter of rights (and duties) in writing form and this fact is also noted in the minutes of the examination of a suspect. A suspect declares it by his or her signature in the minutes of examination, under the phrase: ‘I have received an instruction (a letter of rights and duties) in writing’. A letter of rights and duties – being in conformity with text of such model letter attached to the proper ordinance of the Minister of Justice – is handed over a suspect before the first examination by a competent authority.
Portugal
No information.
Romania
Slovakia
Every act in the course of criminal proceeding must be recorded in the Minutes, either while the act is being performed or directly afterwards
Slovenia
There is no provision in the law in which manner the right to the letter of rights is recorded.
Spain
See previous answer.
Sweden
See the answer under (a) above.
The Netherlands
See (a) above.
UK
England and Wales
After a detainee has been provided with the Letter of Rights or Notice of Rights Entitlement (NoRE), he must be given an opportunity to read it and shall be asked to sign the custody record to acknowledge receipt of the NoRE. Any refusal to sign must be recorded on the custody record. [§3.2A]
Scotland
A record is kept of the fact that a Letter of Rights has been issued.
