(d) the language in which it is provided (e.g. simple and accessible, understood by the suspect or accused)?
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Austria
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In theory, the law provides that the information must be understandable for the suspect. In practice however, the suspect must be able to understand a rather complex legal language. The wording of the “letter of rights” is not so simple that everybody can understand it.
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Belgium
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Yes
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Bulgaria
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As regards the language requirements, both in the view of academicians and practitioners in my country and in my view, these requirements are met by the relevant legal rules. Taking into account the answers to the questions that have been given so far, this view holds true only about the Letter of Rights incorporated in the administrative order imposing police arrest.
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Croatia
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The list of rights needs to be in the language suspect or accused person understands.
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Cyprus
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The document with the Rights of Detained Persons has been translated in seventeen (17) languages (Filippinos, English, Arabic, Vietnamese, Bulgarian, French, Georgian, Greek, Persian, Chinese, Latvian, Bengali, Polish, Romanian, Russian, Turkish and Srilankan).
When the document is not available in language that the person understands, the person is informed about his/her rights orally, in a language he/she understands. The document is provided to the person subsequently without undue delay in a language he/she understands (article 7 (1A)(c), (L.163(I)/2005).
As regards the document provided to persons who are arrested on the basis of a European Arrest Warrant (L. 133(I)/2004), this has been translated in ten (10) languages (English, French, Italian, Polish, Dutch, German, Greek, Bulgarian, Romanian and Latvian).
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Czech Republic
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See answer to the questions 2a and 1b.
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Estonia
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Generally, the wording of the letter of rights is simpler and better accessible, compared to the copy of the text of law used in non-detention cases. Some improvements could be made, but overall, the wording should be understandable to the suspect or accused.
According to § 351(3) of CCP, if the suspect or accused is not proficient in the Estonian language, he or she shall be provided with the declaration of rights in his or her mother tongue or in a language in which he or she is proficient.
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Finland
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The language should be such that the suspect understands. According to information from the police, the letter of rights is currently available in 15 languages. The Finnish version of the letter is seven (7) pages long and may not be the most understandable already due to its length and several exceptions to rights, which are described in some detail.
We can fully endorse those recommendations, as well as the recommendation to see that the persons in police custody have an effective right to be examined, if they so wish, by a doctor of their own choice (on their own expense).
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France
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In French if the accused understands it;, either on a translated formula or by verbal translation by an interpreter if required. Only the case of accused persons speaking rare languages can lead to certain difficulties.
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Germany
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Greece
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In Greek law and practice it is ensured that the accused or suspect is informed promptly of any changes to the information provided above. Usually information is provided on all the rights and during questioning.
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Hungary
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On his/her mother tongue – translated by the interpreter.
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Ireland
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The written notice of rights is considered to be user-friendly and the normal pattern of interviews will commence with a caution being given and the question being put to the prisoner, recorded on audio-visual tape, as to whether they understand the caution. The fact that the entire interview process is recorded is a significant protection.
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Italy
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For some information (I.E. access to legal aid) there is a reference to the specific law and sometime it is difficult for the accused to understand if and how be eligible to legal aid.
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Latvia
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It is issued in writing and, where necessary, explained to him or her. All information is given in a language that he or she understands.
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Lithuania
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The information is being provided in legal language that is difficult to understand to the suspect. In fact the information on the rights is a copy of a particular article from the CPC that indicates the rights of the suspect. The content of the particular right is not discloses and is not explained to the suspect in simple and accessible manner.
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Luxembourg
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The language of information is understandable and in case of foreign people the translation is guaranteed.
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Malta
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Maltese, if not understood, in English
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Poland
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All legal bases of the Polish Code of Criminal Proceedings of 1997 for model letters of rights provided to detainees or suspects (i.e. Articles 244 § 2 and § 5, 263 § 8, 300 § 4 and 607l § 4) require that such letters (instructions) shall be understood also by persons who are not assisted by legal representatives. The provisions don’t precise the meaning of phrase ‘shall be understood also by persons who are not assisted by legal representatives’ but due to existing opinions this phrase ought to be interpreted as regarding to clear and transparent information on rights, i.e. information prepared in a simple, accessible, communicative language. Till nowadays, in Polish practice there are no critical opinions on the linguistic aspect of presentation of information on the rights of detainees or suspects (also persons temporarily arrested) in letters of rights. It seems that in Poland the demanded standard of preparing proper information on rights in a simple and accessible language has been reached.
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Portugal
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The language in which it is provided is simple and accessible, understood by the suspect or accused.
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Romania
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Slovakia
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It is provided orally and in writing. It is cited from the legislation but according to Sec 34 para 4 CCP, if necessary, the information is explained in more detail.
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Slovenia
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The language of the Letter of Rights is simple and can be understood by the suspect or accused.
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Spain
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Simple for lawyers but maybe confusing for citizen and the public in general
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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
As can be seen from the extracts above, plain English is used. The Letter of Rights has been translated into a number of languages such that a person deprived of his liberty can be provided with a version in a language he understands.
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Northern Ireland
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