Defence rights during the pretrial criminal proces
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The ECBA has been involved in several projects and commented on proposals that impact on the rights of the defence in pre-trial criminal proceedings.
The latest project is as a partner in a EU funded project entitled “Defence rights during the pre-trial criminal proceedings” which is headed by the Austrian Criminal Bar Association, in cooperation with the ECBA, and the Universities of Graz, Ljubljana, Vienna and Zagreb. The findings of the report have been presented at the ECBA’s conference in Ljubljana in October 2010 and you will find a summary below. The ECBA has also been involved in the discussion on the EU’s proposal on mutual recognition of non-custodial pre-trial supervision measures. Click here for the report on the experts meeting on pre-trail detention 9 February 2009 |
Two-year study on "Pre-trial Emergency Defence" confirms pre-trial legal advice is essential.Access to legal advice pre-trial is an essential element of the fair trial principle. On 12 July 2011 the European Commission adopted the proposal for a Directive on the right to access to a lawyer in criminal proceedings (see below) and on the right to communicate upon arrest, which is currently being discussed by the Council of the European Union, and the European Parliament. Based on a two years research programme, "Pre-trial Emergency Defence", confirms that such a measure is vital to ensure an individual’s rights are respected and upheld in criminal proceedings. Please read more in the Press Release (click here) the ECBA has published (12 April 2012) in relation to this measure and the new released book on "Pre-trial Emergency Defence", edited by Stefan Schumann, Karin Bruckmüller and Richard Soyer, providing conclusions and recommendations on how to improve pre-trial access to legal advice – by taking both legal and practical measures. |