Right to information in criminal proceedings

SUMMARY OF:

Directive 2012/13/EU on the right to information in criminal proceedings

WHAT IS THE AIM OF THE DIRECTIVE?

It sets common minimum standards for the right to information in criminal proceedings throughout the European Union (EU).

KEY POINTS

Application

The directive applies:

from the time that persons are made aware by the competent authorities of an EU Member State that they are suspected or accused of having committed a criminal offence;
until the conclusion of the criminal proceedings, including, where applicable, sentencing and the resolution of any appeal.

Procedural rights

Member States must ensure that suspects or accused persons are informed of their following procedural rights:
- the right of access to a lawyer;
- any entitlement to free legal advice and the conditions for obtaining such advice;
- the right to be informed of the accusation, i.e. the criminal act they are suspected or accused of having committed;
- the right to interpretation and translation;
- the right to remain silent.
All of the information above must be provided either orally or in writing, in simple and accessible language, taking into account any particular needs of vulnerable persons.

Letter of rights

Suspects or accused persons who are arrested or detained must be provided with a written letter of rights, which they can read and which they are allowed to keep in their possession for the duration that they are detained.
As well as the information on procedural rights above, the letter of rights must include information on the following as they apply under national law:
- the right of access to the materials of the case;
- the right to have consular authorities and one person informed;
- the right of access to urgent medical assistance;
- the maximum number of hours or days that suspects or accused persons may be detained before being brought before a judicial authority;
- any possibility of challenging the lawfulness of the arrest and obtaining a review of the detention or making a request for provisional release.
The letter of rights must be drafted in simple and accessible language, and given to the suspects or accused persons in a language that they understand. Where a letter of rights is unavailable in the appropriate language, the persons must be informed of their rights orally in a language that they understand. A letter of rights should then be provided as soon as possible in a language that they understand.
Persons who are arrested for the purpose of executing a European Arrest Warrant, introduced by Framework Decision 2002/584/JHA (see summary), must be promptly provided with a letter of rights containing information on their rights according to the national law of the Member State in question.

Right to information about the accusation

Member States must ensure that suspects or accused persons are informed about the criminal act that they are suspected or accused of having committed and of the reasons for their arrest or detention.
At the latest on submission of the merits of the accusation to a court, detailed information must be provided on the accusation, including the nature and legal classification of the criminal offence, as well as the nature of participation by the accused person.
Member States must ensure that suspects or accused persons are kept informed of any changes in information.

Right of access to the materials of the case

Where a person is arrested and detained during criminal proceedings, all documents related to the case in the possession of the competent authorities, which are essential to challenging the lawfulness of the arrest or detention, must be made available to the arrested persons or to their lawyers.

Suspects and accused persons must have access to all material evidence in the possession of the competent authorities or their lawyers in due time to effectively exercise their rights of the defence and at the latest upon submission of the merits of the accusation to the judgment of a court.

Access to the materials of the case must be free of charge.

Remedies

Member States must ensure that suspects or accused persons or their lawyers have the right to challenge any failure or refusal of the competent authorities to provide information in accordance with this directive.

FROM WHEN DOES THE DIRECTIVE APPLY?

It entered into force on 21 June 2012 and had to become law in the Member States by 2 June 2014.

BACKGROUND

For more information, see:

Rights of defendants in criminal proceedings (e-Justice portal).

MAIN DOCUMENT

Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ L 142, 1.6.2012, pp. 1-10)