Inside Police Custody 2 Right to information 5. Changing the instructions of rights so that they are more legible also at the graphic level should be considered. 6. A written letters of rights should not exclude oral instructions. The officer should make sure - by asking 2-3 additional questions - whether the detainee (suspect) understood the instruction. 7. The right to remain silent should be considered for a detainee who was not charged yet. 8. Instructions should be broadened to contain information about: the right to appeal under Article 302 CCP; right of a witness to appoint a legal representative who could participate in the interrogation; the right to lodge a complaint against refusal of access to files in preparatory proceedings. 9. Exclusion of materials based on article 250.2b CCP, which may be grounds for detention, should be subject to appeal (in order to meet the standard resulting from Directive 2012/13/EU). Right to access to a lawyer 10. Legislation should clearly indicate the possibility of contacting the defender before the hearing (Article 313 CCP), and not only the possibility of the defence attorney to participate in the interrogation (Article 301 CCP). 11. Limitations on access to a lawyer should meet the standard resulting from the directive 2013/48/EUat the formal level it should be a decision that can be challenged. At the level of the merits, the basis of this decision must fall within the scope of prerequisites allowed under Directive 2013/48/ EU. 12. Police officers should start applying Article 245.2 CCP and providing the detainees with information on the defenders in the accelerated proceedings. 13. Police units should meet the technical conditions allowing for a confidential conversation between the defender and the client, that will ensure that detainee will not escape from the Police station. 14. Limiting the confidentiality of contact with the lawyer should be an exception, not the rule. 15. Professional self-governments should provide more training on the standards resulting from EU legislation on the rights of suspects, in particular the rights under Directive 2013/48/EU. 16. In order to protect against enforced waiver of the right to a lawyer it should be mandatory to record the course of interrogation when the defender does not take part in it.   A.7 Romania – Conclusions and Recommendations Major Issues Overall, the Romanian legislation concerning the suspects’ and defendants’ rights is compliant with the EU law. However, additional legislative changes and guidelines need to be adopted in order to ensure fair and adequate protection of rights during the first phases of the criminal investigation, namely, the initial police hearings. Significant problems remain concerning the practical implementation of the already existing legal provisions. 83