-
at which stage it is provided?
|
Austria
|
As pointed out, the suspect must be informed as soon as possible, i.e. from the very beginning of the procedure against him. The information must be given by the police or the prosecutor.
|
Belgium
|
See answer under a)
|
Bulgaria
|
In answering this question, a peculiarity of the Bulgarian legal system is to be borne in mind.
The official bringing of a criminal charge is done in accordance with the rules of the Code of Criminal Procedure (CPC), that is in the course of already initiated pre-trial proceedings and if sufficient evidence that a given person has committed a criminal offence has been collected. “Official bringing of a criminal charge” means that the investigating organ is to inform the respective person that she/he is accused of a concrete criminal offence or offences. The act of bringing the charge must contain an exhaustive enumeration of all the procedural rights of the accused person, including those pointed out by Article 3.1 of the Directive. This act is done in writing and must be promptly submitted to and undersigned by the accused person. From this moment on that person acquires the procedural position of “an accused person” in the meaning of both CPC and the Directive. In this case, the right to information on the procedural rights is provided in full compliance with the Directive as far as the stage of proceedings is concerned, that is in the pre-trial stage and at the first moment the relevant person acquires the procedural position of an “accused person”.
The peculiarity relates to the cases of arrest by the police. Arrests by the police are regulated not by CPC but by the Ministry of Interior Act (MIA), which in my country is considered an organizational rather than a procedural piece of legislation. In compliance with MIA the police may arrest a person on various grounds one of them being the case where there is sufficient information (but not evidence in the meaning of CPC – N. B.!) that this person has committed a criminal offence. Since the national law does not provide for the procedural figure of “a suspect”, there are still enough reasons to define the person arrested by the police on the suspicion of having committed a criminal offence as a “factual suspect”, therefore a person falling within the scope of the Directive. The arrest by the police is ordered in writing by an administrative order delivered by a police officer especially authorized by law to deliver such orders. The arrest order is to be promptly submitted to the arrested person, who has to verify by signing the act of submission. The arrest order must contain, inter alia, data about the rights of the detainee. Therefore, in the case of an arrest by the police of a factual suspect the right to information on the procedural rights is also provided in compliance with the Directive as far as the stage of proceedings is concerned. The stage here is the first contact with the police.
Detention by the police may not last longer than 24 hours. If in this period no official charge is brought under the rules of CPC (please see above), the detainee is to be released.
|
Croatia
|
See the previous answer. According to the Article 239, paragraph 2 of the CPA, the list of rights shall be provided to the suspect or accused person with the search warrant/ subpoena for the first interogation/ decision on conducting the investigation/ subpoena for the evidentiary hearing/ information on conducting investigation actions/ decision on custody/ warrant for recognition/ warrant for the expertise of the suspect or accused person.
|
Cyprus
|
According to Rule II of the Judge’s Rules “As soon as the police officer has evidence which would afford reasonable grounds for suspecting that a person has committed an offence, he shall caution that person or cause him to be cautioned, before putting to him any question, or further questions, relating to that offence”.
|
Czech Republic
|
See the previous answer.
In practice the accused or suspect are informed by the law enforcement authorities before every legal act, e. g. before police questioning, again before the questioning during the hearing.
The new implementing legislation added into the Section 2(13) CCP that the information has to be provided “in an appropriate way and comprehensively”.
When a defence lawyer is present, it practically works (indeed some policemen and judges speak rather quickly, others provide the information in a more comprehensive way).
There is a difference between the pre-trial stage and the trial stage. In the pre-trial stage when a record about every legal act is made by the authority, which carries it out, and signed by the person concerned, the suspect or accused is informed of his rights both orally and in written. The oral information is only summarizing the basic rights (the oral information is provided less formally and in more comprehensive way to the juvenile offenders); the written information, which is a part of the record from the Police act, is on the other hand very detailed and long and covers not only the rights listed above but also other defence rights. However, this written information contained in Police´s records, is still drafted (there was no change resulting from the implementation of the Directive) in small letters, in italics and it copies the formal wording of the provisions of CCP, thus make it difficult to understand for an ordinary person.
In the trial stage, before the defendant is questioned during the court hearing, he is orally informed of his basic rights by the judge; this information is in practice more basic than information form the police officer at the pre-trial stage.
|
Estonia
|
The suspect is informed about his/her rights at the beginning of the first procedural act (usually, an interview) he/she is subjected to. This information is repeated on each occasion the suspect is interviewed or subjected to other procedural acts throughout the criminal proceedings.
|
Finland
|
As told above, usually the information is provided only moments prior to starting the interrogation. This timing may be an issue, since the suspect may not in a short time period fully understand his rights. If the suspect is called to the interrogation by letter, the “comprised letter of rights” is usually sent at the same time to the suspect.
|
France
|
Either on the writ of summon or at the first stage un the police station.
|
Germany
|
|
Greece
|
Information on the rights is usually provided during the first testimony of the defendant before the competent authorities.
|
Hungary
|
See above.
|
Ireland
|
Where the case is being dealt with in the District Court the material will be provided before the scheduled hearing. When the case is being returned for trial to a higher Court it will usually be when the case is in the listing system of the higher Court that disclosure will be provided. The book of documents will have been provided in the District Court.
The advice on retaining legal representation and availing of free legal aid will be given on the first appearance in Court. If an accused person does not seek to avail of the right at that stage they can seek to make the application at any later stage and will frequently be advised by judges that given the developments in the case their situation is such that they should give more serious consideration to having a representation.
|
Italy
|
See above the answer at question a) (usually during investigations or soon after the completion of the investigative stage.
|
Latvia
|
When the person has acquired the right to defence.
|
Lithuania
|
The information about the procedural rights is being provided to the suspect at the pre-trial investigation stage before his/her first questioning (see the answer (a)). The information on procedural rights is being provided to the accused at the very beginning of the court hearing.
|
Luxembourg
|
At the pre-trial stage as well during police hearings than during interrogations made by investigating judge.
|
Malta
|
The moment the ‘deprivation of liberty’ is signalled (Date, Place and Time Recorded) the individual is cautioned by the senior police official (in the presence of other police Officials) as to his right to speak to a lawyer and right to remain silent.
|
Poland
|
As it was mentioned above, due to the Article 300 § 1 CCP the right of a suspect to get information on procedural rights is provided him or her at the stage of preparatory proceedings 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 as a suspect. According to the Article 244 § 2 CCP a detainee who is not formally a suspect in the ongoing preparatory proceedings (but he or she is recognized as a suspected person or more precisely – a potentially suspected person) shall be promptly informed also about his or her rights (inter alia about his or her right of access to a lawyer).
A suspect (an accused) temporarily arrested shall be instructed about his or her rights when a court decides to apply a temporary arrest in case of a concrete suspect or accused. It means that in practice such information shall appear quickly (and in fact it is so).
|
Portugal
|
It is provided from the time persons are made aware by the competent authorities that they are suspected or accused, until the conclusion of the proceedings, and the resolution of any appeal (in all stages).
|
Romania
|
|
Slovakia
|
In pre-trial period, If the person is suspected, the authorities acting in criminal proceeding have to communicate him his personal rights before first questioning.
The accused is provided with information upon delivery of notification of charges.
|
Slovenia
|
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.
|
Spain
|
At any stage, from the very beginning.
|
Sweden
|
See the answer under (a) above.
|
The Netherlands
|
See (a) above.
|
UK
|
England and Wales
See answer to (a) above.
|
Scotland
Information is provided at the time of detention or arrest. Where detention or arrest take place outwith a police station, the suspect/arrested person is advised of the nature of the offence which they are suspected of having committed/in respect of which they have been arrested, and cautioned that they need not say anything but anything they do say will be noted and may be used in evidence. They would ordinarily then be removed to a police station for “processing”, where all official documentation is completed.
|
Northern Ireland
(a). Written notice of the right to access to a Lawyer.
The items on which information is provided (i.e. all the rights listed above.)
(b) The right to remain silent and the nature of the accusation will be provided orally prior to the interview –copy of the PACE 10 sheets attached for assistance
(c) & (e) before any interview is conducted the person will be cautioned as per Article 3 of PACE and also told the offence to be investigated. Caution states “you do not have to say anything, but I must caution you that if you do not mention when questioned something which you alter relay on in court it may harm your defence. If you do say anything it may be given in evidence”
Deprived of Liberty- Material setting out your rights after detention are provided at the time of authorisation of detention – person arrested, brought to a custody suite. At that time the Custody Sergeant (who is police officer with responsibility for the wellbeing and care of persons in custody) must make a decision as to whether the detention can be lawfully authorised – usually to secure and preserve evidence by way of questioning and carry out searches of suspects addresses or property of individuals. Copy of these notices attached. The arresting officer will normally have to outline the general circumstances in relation to the reason for arrest and the nature of the offence in the presence of the Custody Sergeant and the detained person and this will be recorded on the Custody Record. The detained person is also given the opportunity at that stage to make representations with regard to the circumstances being outlined by the arresting officer. These will also be recorded on the Custody Record. If detention is authorised the suspect is given a written notice setting out their rights. A copy of this notice is attached for assistance.
|
