C. OVERVIEW OF THE DIRECTIVE
1. At a glance
Provision
What it covers
Particular aspects
Article 1
Subject matter
Lays down rules concerning the right to information of suspects
and accused persons in relation to their rights in criminal
proceedings and to the accusation against them.
Applies also to European Arrest Warrant cases.
Applies from the time persons are ‘made aware by the
competent authorities … that they are suspected or accused of
having committed a criminal offence until the conclusion of the
proceedings’.
Where minor offences sanctioned administratively and only the
appeal is before a court, the Directive applies only to
proceedings before the court.
Right for suspects or accused persons to be provided promptly
with information relating to procedural rights, including:
Article 2
Article 3
Article 4
Scope
Right to
information
about rights
Letter of
Rights on
arrest
o
Access to a lawyer;
o
Entitlement to free legal advice and the conditions for
obtaining such legal advice;
o
To be informed of the accusation;
o
Interpretation and translation; and
o
Remain silent.
The information shall be given orally or in writing, in simple and
accessible language, taking into account the needs of the
suspects/persons.
Entitles suspects or accused persons, who are arrested or
detained, to a written Letter of Rights. They should be able to
read the letter and keep it throughout the time they are
detained.
The Letter of Rights shall also contain information on the
following rights:
o
Access of the materials of the case;
o
To have consular authorities and one person informed;
o
Access to urgent medical assistance; and
o
The maximum number of hours they may be deprived of
9