OVERVIEW OF RELEVANT STANDARDS access to a lawyer in criminal proceedings and European arrest warrant proceedings and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty • Directives (EU) 2016/343 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings • Directive (EU) 2016/800 on procedural safeguards for children, i.e., persons under the age of 18, who are suspects or accused persons in criminal proceedings • Directive (EU) 2016/1919 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings While these EU instruments do not refer explicitly to proceedings covering the committal to a security measure/psychiatric hospital, the CJEU established the applicability of certain Directives. CJEU, Case C‑467/18, “Ray-onna prokuratura Lom”22 19 September 2019, Request for a Preliminary Ruling. Relevant topic: Applicability of Directives 2012/13/EU; 2013/48/EU and (EU) 2016/343 to suspects and accused with intellectual and/or psychosocial disability, including in proceedings covering committal to a security measure/psychiatric hospital where the person is declared to be not criminally responsible but is subjected to a detention measure justified on therapeutic and safety grounds. The Court decided that: 1. Directive 2012/13/EU on the right to information and Directive 2013/48/EU on the right of access to a lawyer apply to judicial proceedings for compulsory psychiatric treatment of not criminally responsible persons. 2. Persons suspected of having committed a crime must be informed as soon as possible of their rights from the moment when they are subject to suspicions which justify, in circumstances other than an emergency, the restriction of their liberty by the competent authorities by means of coercive measures and, at the latest, before they are first officially questioned by the police. 3. Art 47 of the Charter of Fundamental Rights of the European Union, Art 8(2) of Directive 2012/13 and Art 12 of Directive 2013/48 preclude national legislation for compulsory treatment of persons who 22 are not criminally responsible, where that legislation does not enable the court with jurisdiction to verify that the procedural rights covered by those directives were respected in proceedings prior to those before that court, which were not subject to such judicial review. 4. Directive (EU) 2016/343 on the presumption of innocence and the right to be present at the trial in criminal proceedings and Art 51(1) of the Charter of Fundamental Rights do not apply to judicial proceedings for civil involuntary treatment (Art 155 of the Health Act). 5. The principle of the presumption of innocence referred to in Art 3 of Directive 2016/343 requires, in judicial proceedings for compulsory treatment of not criminally responsible persons, that the Public Prosecutor’s Office provides proof that the person whose committal is sought is the perpetrator of the crime.