Luxembourg, 26/04/2012 (Agence Europe) - On Thursday 26 April, EU27 home affairs ministers approved, in Luxembourg, the directive on the right to information in criminal proceedings, states a Council press release. The United Kingdom and Ireland chose to endorse the text, unlike Denmark. The main goal of the directive is to ensure that any person who is suspected or accused of having committed a criminal offence is provided with information concerning his or her fundamental procedural rights, as well as information on the accusation against him or her - including access to the material of the case.
The text stipulates that suspects or persons accused should be promptly provided with information concerning at least the following procedural rights: - the right to access to a lawyer; - any entitlement to legal advice free of charge and the conditions for obtaining it; - and the right to be informed of the accusation. Also, any person arrested has the right to receive, in writing, during arrest, a declaration of the rights to which he/she is entitled, in a language that he/she understands. The declaration should be drafted in simple, accessible language, in order to ensure ease of understanding.
An important right set out in the directive is the right to have access to the materials of the case, the press release points out. Any persons suspected or accused must receive detailed information about the accusations against them in order to be able to prepare their own defence. Access to such information must be free of charge. Access to certain material may, however, be refused when this is a serious threat to the fundamental rights of a third person or when refusal is necessary with a view to safeguarding important public interest, the Council explains. The right to written information about rights on arrest will also apply to persons arrested for the purpose of execution of the European Arrest Warrant. (SP/transl.jl)