Directiva 2013/48/UE privind dreptul de acces la un avocat în cadrul procedurilor penale
Directive2013/48/EU on the right of access to a lawyer in criminal proceedings
Author(s): Roxana Maria PopescuSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: the right of access to a lawyer; criminal procerdings; Directive 2013/48/EU
Summary/Abstract: Directive 2013/48/EU establishes common minimum rules concerning the right of access to a lawyer in criminal proceedings, so any suspicious persons or who is the subject of a custodial measure be guaranteed benefit assistance. The directive provides, inter alia ,the participation of a lawyer during the interrogation of the person, his/her presence during the measures taken during the investigation, the right to inform third parties about the extent of imprisonment, as well as taking into account the specific needs of vulnerable persons. If a person is suspected or accused in a state outside the European Union , he/she has the right to have access to consular authorities and to communicate with them. The directive provides for derogatory measures, but their use is conditioned by the need to satisfy the requirement that they be proportional, strictly limited and not based solely on the nature or seriousness of the alleged offense. The Directive also envisages the right of access to a lawyer during the proceedings of the European arrest warrant and effective remedies for breaching those rights .
Journal: Curierul judiciar
- Issue Year: 2013
- Issue No: 11
- Page Range: 654-658
- Page Count: 5
- Language: Romanian
- Content File-PDF