This EU directive entered into force on 21 June 2012. Its objective is to ensure that persons suspected or accused of a criminal offence promptly receive information about:

  • their right of access to a lawyer
  • their right to free legal aid and the criteria for receiving legal aid
  • the right to be informed about the charges
  • their right to an interpreter and translation of documents
  • their right to remain silent

The Directive also provides that persons are entitled upon their arrest to a "letter of rights" in a language that they understand. The letter is to contain information on:

  • the right of access to the case file
  • the right to contact consular authorities and one other individual
  • the right of access to urgent medical assistance
  • the maximum number of days or hours that the suspect or accused may be deprived of his/her liberty before being brought before the judicial authorities

The Directive gives the suspect or accused the right to receive all information regarding the charges that he/she requires to prepare a defence and to safeguard the fairness of the criminal proceedings. All this information must be provided free of charge. Access to documents may be refused where this may lead to serious risk to the life or fundamental rights of another person or where this is necessary to safeguard an important public interest.

In anticipation of the implementation of this directive the Minister of Security and Justice has drawn up a draft bill on legal counsel and police interrogations (see also RCE Newsletter July 2011). The draft bill is currently awaiting the Council of State's advice.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.