  Article 4 33, 34    Is client-lawyer confidentiality in all contexts covered by the Directive (in particular the private meetings before questioning) protected – (a) in law? (b) in practice? - Confidentiality An absolute right to confidentiality applies in respect of lawyer-client communications in the exercise of the rights conferred by the Directive. See Michaud v. France and the exceptions in the relevant EU legislation on money laundering etc.: advice in the context of criminal proceedings is clearly exempted. Meeting places in police stations etc. should therefore be free of any supervision. It follows from the absolute nature of this protection that any information, however obtained, that should be protected by this confidentiality should not be admissible as evidence. Your answers here Remedies   Article 12 49, 50    What system of remedies applies in your Member State? In law or in practice, are incriminating statements obtained in the absence of a lawyer capable of being used for  - Article 12(1) reiterates the general obligation on Member States to protect EU law rights effectively. Article 12(2) (as confirmed by recital 50) refers to the principle in Salduz v. Turkey, according to which the rights of the defence will in principle be irretrievably prejudiced when incriminating statements made in the absence of a lawyer are used for a conviction. See further the ECtHR case-law discussed in Part I of this Toolkit. Statements obtained as a result of a breach of Article 3 / where no valid waiver is given / where a derogation is applied under Article 3 should not be used for a conviction in any way, directly or indirectly. The fruit of the poisoned tree should be treated in the same way. Your answers here Please identify the relevant provisions of national law and describe the courts’ approach 43

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