C. RELEVANT PROVISIONS OF THE DIRECTIVE
The Directive protects the right to notification of the accusations through Article 6. In trainings on
this Directive, Fair Trials has found that participants’ preconceptions as to what these provisions
mean varies according to the national system they are working within. The Article states:
‘1. Member States shall ensure that suspects or accused persons are provided with
information about the criminal act they are suspected or accused of having
committed. That information shall be provided promptly and in such detail as is
necessary to safeguard the fairness of the proceedings and the effective exercise of
the rights of the defence.
2. Member States shall ensure that suspects or accused persons who are arrested or
detained are informed of the reasons for their arrest or detention, including the
criminal act they are suspected or accused of having committed.
3. Member States shall ensure that, at the latest on submission of the merits of the
accusation to a court, detailed information is 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.
4. Member States shall ensure that suspects or accused persons are informed
promptly of any changes in the information given in accordance with this Article
where this is necessary to safeguard the fairness of the proceedings.’
Some further details are provided by recitals 27 and 28, which provide:
‘(27) Persons accused of having committed a criminal offence should be given all the
information on the accusation necessary to enable them to prepare their defence and
to safeguard the fairness of the proceedings.
(28) The information provided to suspects or accused persons about the criminal act
they are suspected or accused of having committed should be given promptly, and at
the latest before their first official interview by the police or another competent
authority, and without prejudicing the course of ongoing investigations. A description
of the facts, including, where known, time and place, relating to the criminal act that
the persons are suspected or accused of having committed and the possible legal
classification of the alleged offence should be given in sufficient detail, taking into
account the stage of the criminal proceedings when such a description is given, to
safeguard the fairness of the proceedings and allow for an effective exercise of the
rights of the defence.’
These provisions of Article 6 are somewhat confusing and need clarification by the CJEU, making it
difficult to comment on them at all without relying on a possibly contestable interpretation. Some of
the views expressed to us during in-person trainings about their meaning are the following.
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