Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the right to information in criminal proceedings
Date: 2010-07-20
Institutions: European Commission
Subjects: criminal procedure, drafting of EU law, fundamental rights, human rights, rights of the defence

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EUROPEAN COMMISSION 

Brussels, 20.7.2010 
COM(2010) 392 final 

2010/0215 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

on the right to information in criminal proceedings 

{SEC(2010) 907} 
{SEC(2010) 908} 

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EXPLANATORY MEMORANDUM 

1. 

1. 

2. 

3. 

4. 

INTRODUCTION 

This proposal for a Directive of the European Parliament and the Council aims to set 
common  minimum  standards  as  regards  the  right  to  information  in  criminal 
proceedings  throughout  the  European  Union.  The  proposal  is  the  second  step  in  a 
series  of  measures  in  the  Procedural  Rights  Roadmap,  adopted  in  Council  on  30 
November  2009  inviting  the  Commission  to  put  forward  proposals  on  a  "step  by 
step"  basis.  This  approach  is  now  seen  as  a  good  way  to  build  confidence  and 
contribute  to  promoting  and  further  enhancing  mutual  trust.  This  proposal  should 
therefore  be  considered  as  part  of  a  comprehensive  package  of  legislation  to  be 
presented over the next few years which will provide a minimum set of procedural 
rights in criminal proceedings in the European Union.  

The  proposal  seeks  to  improve  the  rights  of  suspects.  Having  common  minimum 
standards in relation to these rights should facilitate the application of the principle of 
mutual  recognition,  thereby  improving  the  functioning  of  judicial  cooperation 
between Member States of the EU.  

The first step, on the right to interpretation and translation, is a Directive adopted on 
8 October 2010. 

As regards the legal basis, the proposal is based on Article 82(2) of the Treaty on the 
Functioning  of  the  European  Union  (TFEU).  That  Article  provides  that,  "[t]o  the 
extent necessary to facilitate mutual recognition of judgments and judicial decisions 
and  police  and  judicial  cooperation  in  criminal  matters  having  a  cross-border 
dimension,  the  European  Parliament  and  the  Council  may,  by  means  of  directives 
adopted  in  accordance  with  the  ordinary  legislative  procedure,  establish  minimum 
rules. Such rules shall take into account the differences between the legal traditions 
and systems of the Member States. 

They shall concern: 

(a) mutual admissibility of evidence between Member States; 

(b) the rights of individuals in criminal procedure; 

(c) the rights of victims of crime; 

(d)[…]."  

For mutual recognition to function well it is necessary to have mutual trust. A certain 
degree of compatibility is necessary to improve mutual trust and hence, cooperation. 

5. 

Article 47 of the Charter of Fundamental Rights of the European Union (the Charter) 
provides  for  the  right  to  a  fair  trial;  Article  48  guarantees  the  rights  of  the  defence 
and has the same meaning and scope as the rights guaranteed by Article 6(3) of the 

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ECHR1.  As  regards  the  European  Convention  on  Human  Rights  and  Fundamental 
Freedoms  (ECHR),  the  right  to  information  about  rights  can  be  inferred  from  the 
case-law  of  the  European  Court  of  Human  Rights  (ECtHR)  on  Article  6  ECHR, 
which  has  stated  that  authorities  should  take  a  proactive  approach  to  ensuring  that 
persons  facing  a  criminal  charge  are  informed  of  their  rights.  The  right  to 
information  about  the  charge,  which  stems  from  Article  6(3)(a)  ECHR,  is 
fundamental  for  a  person  facing  a  criminal  charge  who  must  know  the  charges 
against him so that he is in a position to prepare his defence. Articles 9(2) and 14(3) 
of  the  International  Covenant  on  Civil  and  Political  Rights  (ICCPR)2  contain  very 
similar provisions. 

In order to inform the proposal, the Commission carried out an Impact Assessment. 
at 
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The 
http://ec.europa.eu/governance/impact/ia_carried_out/cia_2010_en.htm 

Assessment 

available 

Impact 

report 

the 

on 

BACKGROUND 

Article  6(3)  of  the  Treaty  on  European  Union  (TEU)  provides  that  fundamental 
rights,  as  guaranteed  by  the  ECHR  and  as  they  result  from  the  constitutional 
traditions  common  to  the  Member  States,  shall  constitute  general  principles  of  the 
Union’s  law.  Article  6(1)  TEU  provides  that  the  Union  recognises  the  rights, 
freedoms  and  principles  set  out  in  the  Charter  of  Fundamental  Rights  of  the 
European  Union  of  7  December  2000,  as  adapted  at  Strasbourg,  on  12  December 
2007,  which  shall  have  the  same  legal  value  as  the  TFEU  and  TEU.  The  Charter 
applies  to  EU  institutions  and  Member  States  when  they  are  implementing  Union 
law, such as in the field of judicial cooperation in criminal matters in the European 
Union. 

The  Presidency  Conclusions  of  the  Tampere  European  Council3  stated  that  mutual 
recognition  should  become  the  cornerstone  of  judicial  cooperation,  but  make  the 
point  that  mutual  recognition  "...and  the  necessary  approximation  of  legislation 
would facilitate […] the judicial protection of individual rights"4.  

The Commission Communication to the Council and the European Parliament of 26 
July 2000 on Mutual Recognition of Final Decisions in Criminal Matters5 stated that 
“it must […] be ensured that the treatment of suspects and the rights of the defence 
would  not  only  not  suffer  from  the  implementation  of  the  principle  [of  mutual 
recognition] but that the safeguards would even be improved through the process”.  

6. 

2. 

7. 

8. 

9. 

10. 

This  was  endorsed  in  the  Programme  of  Measures  to  Implement  the  Principle  of 
Mutual Recognition of Decisions in Criminal Matters6, adopted by the Council and 

1 
2 

3 
4 
5 
6 

Explanation on Article 48, Explanations relating to the Charter of Fundamental Rights. 
999  U.N.T.S.  171.  The  ICCPR  is  an  international  convention  on  civil  and  political  rights  opened  for 
signature by resolution of the United Nations General Assembly on 16 December 1966 which has been 
ratified by, and is thus binding in international law on, all EU Member States. 
15 and 16 October 1999. 
Conclusion 33. 
COM(2000) 495, 29.7.2000. 
OJ C 12, 15.1.2001, p. 10. 

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11. 

12. 

13. 

14. 

the Commission. It pointed out that “mutual recognition is very much dependent on a 
number of parameters which determine its effectiveness”. 

These  parameters  include  mechanisms  for  safeguarding  the  rights  of  suspects 
(parameter  3)  and  the  definition  of  common  minimum  standards  necessary  to 
facilitate  the  application  of  the  principle  of  mutual  recognition  (parameter  4).  This 
proposal  for  a  Directive  is  an  embodiment  of  the  stated  aim  of  enhancing  the 
protection of individual rights.  

In  2004,  the  Commission  put  forward  a  comprehensive  proposal7  for  legislation 
covering  the  most  important  rights  of  defendants  in  criminal  proceedings.  This 
proposal was not adopted by Council.  

On  30  November  2009,  the  Justice  Council  adopted  a  Roadmap  for  strengthening 
procedural rights of suspected or accused persons in criminal proceedings8 calling for 
the adoption of five measures covering the most basic procedural rights, based on a 
"step-by-step"  approach  and  inviting  the  Commission  to  present  the  necessary 
proposals to this end. The Council recognised that to date, not enough had been done 
at  the  European  level  to  safeguard  fundamental  rights  of  individuals  in  criminal 
proceedings. The full benefit of EU legislation in this area will only be felt once all 
measures have been transposed into legislation. The second measure in the Roadmap, 
concerns the right to information.  

The  Stockholm  Programme,  adopted  by  the  European  Council  of  10-11  December 
20099,  reaffirmed  the  importance  of  the  rights  of  the  individual  in  criminal 
proceedings  as  a  fundamental  value  of  the  Union  and  an  essential  component  of 
mutual trust between Member States and of public confidence in the EU. Protecting 
individuals'  fundamental  rights  will  also  remove  obstacles  to  free  movement.  The 
Stockholm  Programme  refers  to  the  Roadmap  as  being  an  integral  part  of  the 
multiannual  programme  and  calls  on  the  Commission  to  present  appropriate 
proposals for its swift implementation. 

3. 

THE  RIGHT  TO  INFORMATION  AS  ESTABLISHED  UNDER  THE  CHARTER  AND  THE 
ECHR  

15. 

Article 6 of the Charter - Right to liberty and security – stipulates that: 

"Everyone has the right to liberty and security of person." 

Article 47 of the Charter - Right to an effective remedy and to a fair trial – provides 
that: 

"(…) Everyone is entitled to a fair and public hearing within a reasonable time by an 
independent  and  impartial  tribunal  previously  established  by  law.  Everyone  shall 
have the possibility of being advised, defended and represented. 

7 
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9 

COM(2004) 328, 28.4.2004. 
OJ C295, 4.12.2009, p. 1. 
European Council Conclusions, 10-11 December 2009. 

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(…)." 

Article 48 of the Charter - Presumption of innocence and right of defence – stipulates 
that: 

"2.  Respect  for  the  rights  of  the  defence  of  anyone  who  has  been  charged  shall  be 
guaranteed." 

Within its scope of application, the Charter guarantees and reflects the corresponding 
rights enshrined in the ECHR. 

Article 5 ECHR – Right to liberty and security - stipulates that:  

"(2) Everyone who is  arrested shall be  informed promptly, in a language which he 
understands, of the reasons for his arrest and of any charge against him.” 

(…)". 

And Article 6 – Right to a fair trial – stipulates that: 

"(3) Everyone charged with a criminal offence has the following minimum rights: 

(a) to be informed promptly, in a language which he understands and in detail, of the 
nature and cause of the accusation against him; 

(b) to have adequate time and facilities for the preparation of his defence 

[…]" 

16. 

A number of recent studies10 show that the way suspects are informed of their rights 
varies widely and that in the majority of cases information on rights is only provided 
orally, which decreases its effectiveness and makes it more difficult to monitor. The 
right to information is not explicitly mentioned in the ECHR. However, there is case-
law  that  requires  judicial  authorities  to  take  positive  measures  in  order  to  ensure 
effective  compliance  with  Article  6  ECHR  such  as  the  decisions  in  Padalov11  and 
Talat Tunc12 in which the ECtHR stated that authorities should adopt an active stance 
in informing the suspect about the right to free legal aid. In the case of Panovits,13 
the  ECtHR  stated  that  authorities  have  a  positive  obligation  to  provide  the  suspect 
with information on the right to legal assistance and free legal aid if the conditions 
for  it  are  fulfilled.  It  is  not  sufficient  that  this  information  is  given  in  writing,  for 
instance by a Letter of Rights, as was done by the authorities in the Panovits case. 
The ECtHR stresses that authorities have to take all reasonable steps to ensure that a 
suspect is fully aware of his rights. 

17. 

Article  5(2)  and  Article  6(3)(a)  ECHR  impose  an  obligation  on  the  judicial 
authorities  to  inform  a  suspect  of  the  nature  and  cause  of  the  accusation  so  as  to 

10 

11 
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T  Spronken,  G  Vermeulen  et  al,  EU  Procedural  Rights  in  Criminal  Proceedings,  Antwerp  2009;  E 
Cape, Z Namoradze et al, Effective Criminal Defence in Europe, Antwerp 2010. 
Padalov v Bulgaria, judgment of 10 August 2006, application n° 54784/00. 
Talat Tunc v.Turkey, judgment of 27 March 2007, application n° 32432/96. 
Panovits v. Cyprus, judgment of 11 December 2008, application n° 4268/04 §s 72-73. 

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enable the suspect to understand the charges, to allow him to prepare his defence14 
and  to  challenge  the  lawfulness  of  his  detention15.  Even  though  both  articles  are 
specific in the information they require, they are limited to factual information about 
the  reasons  for  the  arrest  and  the  nature  and  cause  of  the  accusation  and  the 
respective legal basis. The amount of information to be communicated to the accused 
depends on the nature and complexity of the case since Article 6(3)(b) provides that 
the  person  must  be  provided  with  "adequate  time  and  facilities"  to  prepare  his 
defence and this will vary according to the case16. It follows that the authorities can 
be  required  to  take  additional  steps  in  order  to  ensure  that  the  suspect  effectively 
understood  the  information17.  The  ECtHR  case-law  shows  that  most  problems  of 
compliance arise with regard to the positive measures that should ensure a fair trial. 
It  is  not  sufficient  to  make  the  information  available,  in  the  sense  that  the  suspect 
could have asked for it. The duty to inform the suspect about the nature and cause of 
the  accusation  rests  on  the  prosecuting  authority  and  cannot  be  complied  with 
passively by making information available without bringing it to the attention of the 
defence18. The ECHR does not give any indication as to how the information should 
be  given.  Even  though  the  Court  decided  in  Kamasinski19  that  a  suspect  should  in 
principle  be  provided  with  a  written  translation  of  the  indictment  if  he  does  not 
understand the language, the Court accepted that oral explanations were sufficient in 
order to comply with Article 6 (3)(a).  

18. 

In  line  with  the  mandate  set  out  in  the  Procedural  Rights  Roadmap,  this  Directive 
lays down minimum requirements at EU level for the information of suspected and 
accused  persons  about  their  procedural  rights  and  the  case  against  them.  It  thus 
promotes the application of the Charter of Fundamental Rights, and in particular its 
Articles 6, 47 and 48 by building upon Articles 5 and 6 ECHR as interpreted by the 
ECtHR. 

4. 

SPECIFIC PROVISIONS 

Article 1 - Objective 

19. 

This Article sets out the objective of the Directive as laying down rules concerning 
the  rights  of  suspected  and  accused  persons  to  information  about  their  rights  and 
information about the charge in criminal proceedings against them. 

Article 2 – Scope 

20. 

The  Directive  applies  from  the  time  that  a  person  is  made  aware  by  the  competent 
authorities  of  a  Member  State,  by  official  notification  or  otherwise,  that  he  is 
suspected or accused of having committed a criminal offence until the conclusion of 

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15 
16 

17 

18 
19 

Mattoccia v. Italy, judgment of 25 July 2000, application n°. 23969/94, § 60. 
Fox, Campbell and Hartley, judgment of 30 August 1990, application n° A 182, § 40. 
Pélissier  and  Sassi  v.  France,  judgment  of  25  March  1999,  application  n°.  25444/94,  §  54;  Mattoccia  v.  Italy, 
judgment of 25 July 2000, application n°. 23969/94, § 60 and 71. 
Brozicek  v.  Italy,  judgment  of  19  December  1989,  application  n°  10964/84,  §41;  Mattoccia  v.  Italy, 
judgment of 25 July 2000, application n° 23969/94, § 65; Vaudelle v. France, judgment of 30 January 
200, application n° 35683/97, §59.  
Mattoccia v. Italy, judgment of 25 July 2000, application n° 23969/94, § 65. 
Kamasinsksi v. Austria, judgment of 19 December 1989, application n° 9783/82, § 79. 

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the  proceedings  (including  any  appeal).  It  does  not,  however,  apply  in  proceedings 
conducted  by  administrative  authorities  in  relation  to  the  breach  of  competition 
legislation, whether national or European, unless the case is  brought before a court 
having jurisdiction in criminal matters.  

21. 

European  Arrest  Warrant20  proceedings  are  explicitly  covered.  In  this  respect,  the 
Directive makes applicable the procedural guarantees contained in Articles 47 and 48 
of  the  Charter  and  Articles  5  and  6  ECHR  to  surrender  proceedings  based  on  a 
European Arrest Warrant. 

Article 3 – The right to information about rights  

22. 

23. 

This Article lays down the general principle that all suspected and accused persons in 
criminal  proceedings  should  be  informed  about  relevant  procedural  rights  at  the 
earliest  possible  moment  in  the  proceedings.  Such  information  should  be  given  in 
simple and accessible language, orally or in writing.  

Paragraph  2  of  this  Article  sets  out  those  minimum  rights  and  Member  States' 
obligations  arising  from  the  Charter,  the  ECHR,  the  ICCPR  and  applicable  EU 
legislation,  which  are  considered  key  to  safeguarding  the  fairness  of  criminal 
proceedings at their outset.  

Article 4 – The right to written information about rights on arrest 

24. 

This  Article  specifies  Member  States'  general  duty  to  inform  suspected  or  accused 
persons  about  their  procedural  rights  in  cases  where  such  persons  are  deprived  of 
their  liberty  by  Member  States'  competent  authorities  in  the  course  of  the  criminal 
proceedings on suspicion of having committed a criminal offence (e.g. through arrest 
by the police and being placed in pre-trial detention on the order of a judge). Member 
States  are  required  to  inform  these  persons  of  their  relevant  rights  in  writing.  The 
European  Committee  for  the  Prevention  of  Torture  and  Inhuman  or  Degrading 
Treatment  or  Punishment  (CPT),  has  repeatedly  stressed  in  its  reports  that,  in  its 
experience,  the  period  immediately  following  deprivation  of  liberty  is  when  the 
arrested person is considered to be most vulnerable in relation to risks of intimidation 
and  physical  ill-treatment.  According  to  the  CPT  it  is  essential  that  a  suspected  or 
accused person is informed of his rights promptly, i.e. without delay after his arrest 
and in the most effective way which is by means of a form explaining the rights in a 
straightforward  manner21  (Letter  of  Rights).  In  the  light  of  recent  ECtHR 
jurisprudence22, Member States' competent authorities are required to ensure that the 
arrested person has a broad understanding of the information contained in the Letter 
of  Rights.  The  arrested  person  must  be  allowed  to  keep  the  Letter  of  Rights 
throughout the time of his detention.  

25. 

The Letter of Rights should be drafted in language which is easily understood by a 
lay  person  without  any  knowledge  of  criminal  procedure  and  should  contain  the 

20 

21 

22 

Council  Framework  Decision  of  13  June  2002  on  the  European  arrest  warrant  and  the  surrender 
procedures between Member States (2002/584/JHA). 
CPT, The CPT standards – "Substantive" sections of the CPT's General Reports, CPT/Inf/E (2002) 1 – 
Rev. 2009, pp11, 12. 
Panovits v. Cyprus, judgment of 11 December 2008, application n° 4268/04, § 67. 

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information referred to in Article 3(2). To help Member States design such a Letter 
of  Rights  and  to  promote  consistency  in  the  written  information  throughout  the 
European Union, Annex I to the Directive contains a model of the Letter of Rights 
which  Member  States  may  use.  This  model  is  indicative  and  may  be  subject  to 
review  in  the  context  of  the  report  on  implementation  to  be  presented  by  the 
European Commission pursuant to Article 12 of the Directive and also once all the 
Roadmap  measures  have  come  into  force.  The  content  of  the  model  does  not 
prejudice rights that currently apply in Member States. 

26. 

The  Letter  of  Rights  has  to  be  provided  to  the  suspected  or  accused  person  in  a 
language  he  understands.  Police  authorities  are  expected  to  keep  language  versions 
for all commonly spoken languages in their locality available in electronic form that 
can be printed as the need arises. When a given language version is not available, the 
suspected or accused person should be informed of their rights orally in a language 
they  understand  and  the  Letter  of  Rights  should  be  given  to  them  without  undue 
delay  (i.e.  as  soon  as  it  becomes  available  after  translation  into  the  relevant 
language).  For  persons  who  are  partially  sighted  or  blind,  or  who  cannot  read, 
Member States must have a method of transmitting the information.  

Article 5 – The right to written information about rights in European Arrest Warrant 
proceedings 

27. 

Different rights apply to persons subject to a European Arrest Warrant (e.g. the right 
to  a  hearing).  Member  States  should  ensure  that  a  specific  version  of  the  Letter  of 
Rights  exists  for  persons  subject  to  those  proceedings.  Annex  II  to  this  Directive 
contains a model of the Letter of Rights which Member States may use. This model 
is  indicative  and  may  be  subject  to  review  in  the  context  of  the  report  on 
implementation to be presented by the European Commission pursuant to Article 12 
of the Directive and also once all the Roadmap measures have come into force. The 
content of the model does not prejudice rights that currently apply in Member States. 

Article 6 – The right to information about the charge  

28. 

Once  a  person  has  been  charged  with  a  criminal  offence,  he  should  be  given 
sufficient information promptly, in detail and in a language he understands, to enable 
him to prepare his defence, and to challenge pre-trial decisions if necessary. This is a 
requirement  under  the  Charter  and  the  ECHR.  This  Article  sets  out  exactly  what 
information must be given as a minimum requirement.  

Article 7 - The right to access to the case-file 

29. 

The  most  effective  way  to  provide  a  suspected  or  accused  person  with  detailed 
information about the charge in order to allow him adequately to prepare his defence 
at trial is to give him or his lawyer access to the case-file. Recent research23 shows 
that in the large majority of Member States access to the case-file is already granted 
at  some  point  in  the  criminal  proceedings.  The  ECtHR  has  consistently  ruled  that, 
depending on the stage of criminal proceedings, Articles 5(4) and 6(3)(b) ECHR and 
the  principle  of  equality  of  arms  between  the  prosecution  and  the  defence  require 

23 

T  Spronken,  G  Vermeulen  et  al,  EU  Procedural  Rights  in  Criminal  Proceedings,  Antwerp  2009;  E 
Cape, Z Namoradze et al, Effective Criminal Defence in Europe, Antwerp 2010. 

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30. 

31. 

32. 

Member  States  to  disclose  to  the  defence  all  material  evidence  for  or  against  the 
accused24  and  to  provide  the  accused  person's  lawyer  with  access  to  relevant 
documents contained in the case-file25. 

Paragraph  1  provides  that  where  a  suspected  or  accused  person  is  arrested  in  the 
course of criminal proceedings, access to those documents contained in the case-file 
which  are  relevant  to  the  determination  of  the  lawfulness  of  the  detention  by  the 
competent  judicial  authority  should  be  granted.  This  limited  access  to  the  case-file 
ensures the fairness of pre-trial proceedings concerning the lawfulness of arrest and 
detention. In considering what documents and information access is being granted to, 
Member States should pay particular attention to the protection of the effectiveness 
of  Leniency  Programmes  that  are  used  in  investigations  under  criminal  law  into 
cartel behaviour. 

Paragraph  2  requires  Member  States  to  grant  access  to  the  case-file  to  all  accused 
persons  whether  or  not  they  are  in  custody,  where  the  criminal  investigation  is 
concluded.  Access  to  certain  documents  in  the  case-file  may  be  excluded  by  a 
competent  judicial  authority  where  access  to  those  documents  may  lead  to  serious 
risk to the life of another person or may seriously harm the internal security of the 
Member State in which the proceedings are taking place. Such limitation of access to 
the file is only to be used in exceptional circumstances.  

Access to the case-file should not be limited to a one-off inspection. If the accused 
person or his lawyer deems it necessary, further access should be granted. If a file is 
particularly  voluminous  or  where  the  interests  of  justice  so  require  it,  the  accused 
person should be provided with an index of the documents contained in the case-file 
to enable him to decide to which documents he wishes to be given access. 

Article 8 - Verification and remedies 

33. 

In order to ensure that a suspected or accused person receives all the information to 
which he is entitled, Member States should establish a procedure to ascertain whether 
the  person  has  received  the  information.  This  can  for  example  be  a  form  for  the 
person  to  sign  confirming  that  he  has  received  the  information  or  a  note  in  the 
custody record.  

Article 9 - Training 

34. 

The  purpose  of  this  Article  is  to  ensure  that  Member  States'  police  officers, 
prosecutors  and  judges  receive  the  necessary  training  to  discharge  adequately  their 
duties arising from Articles 3 to 8 of the Directive. In particular, it is imperative that 
these  officials  have  the  requisite  detailed  knowledge  of  the  procedural  rights  of 
suspected and accused persons in order to provide relevant and practically effective 
information on these rights. 

24 
25 

Edwards v. United Kingdom, judgment of 16 December 1992, application n° 13071/87, § 36. 
Garcia Alva v. Germany, judgment of 13 February 2001, application n° 23541/94, § 47-55; Schöps v. 
Germany,  judgment  of  13  February  2001,  application  n°  251164/94,  §  41-42;  Mooren  v.  Germany, 
judgment of 9 July 2009, application n° 11364/03, § 121-124. 

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Article 10 - Non-regression clause 

35. 

The purpose of this Article is to ensure that setting common minimum standards in 
accordance  with  this  Directive  does  not  have  the  effect  of  lowering  standards  in 
certain  Member  States  and  that  the  standards  set  in  the  ECHR  are  maintained. 
Member States remain entirely free to set standards higher than those agreed in this 
Directive. 

Article 11 – Implementation 

36. 

This  Article  requires  that  Member  States  must  implement  the  Directive  by  x  /xx/ 
20xx  and,  by  the  same  date,  send  the  text  of  the  provisions  transposing  it  into 
national law to the Commission. 

Article 12 – Report 

37. 

36 months after publication of the Directive in the Official Journal of the European 
Union, the Commission must submit a report to the European Parliament and to the 
Council, assessing the extent to which the Member States have taken the necessary 
measures  in  order  to  comply  with  this  Directive,  accompanied,  if  necessary,  by 
legislative proposals. 

Article 13 - Entry into force 

38. 

This  Article  provides  that  the  Directive  will  enter  into  force  on  the  twentieth  day 
following its publication in the Official Journal of the European Union. 

Annex I 

39. 

This Annex contains an indicative model of the Letter of Rights to be provided to a 
suspected or accused person on arrest pursuant to Article 4(1). The model Letter of 
Rights  sets  out  an  explanation  in  simple  language  of  the  immediately  relevant 
minimum  rights  as  listed  in  Article  3(2)  of  the  Directive.  Whilst  there  is  no 
obligation  on  Member  States  to  use  the  model,  those  that  do  will  be  presumed  to 
have implemented Article 4 of the Directive. The model may be subject to review in 
the  context  of  the  report  on  implementation  to  be  presented  by  the  European 
Commission pursuant to Article 12 of the Directive and also once all the Roadmap 
measures have come into force. The content of this model does not prejudice rights 
that currently apply in Member States. 

Annex II 

40. 

This Annex contains an indicative model of the Letter of Rights to be provided to a 
person arrested on the basis of a European Arrest Warrant as required by Article 5. 
Whilst there is no obligation on Member States to use the model, those that do will 
be  presumed  to  have  implemented  Article  5  of  the  Directive.  The  model  may  be 
subject to review in the context of the report on implementation to be presented by 
the European Commission pursuant to Article 12 of the Directive and also once all 
the Roadmap measures have been brought into effect. The content of this model does 
not prejudice rights that currently apply in Member States. 

EN 

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5. 

41. 

6. 

42. 

SUBSIDIARITY PRINCIPLE 

The  objective  of  the  proposal  cannot  be  sufficiently  achieved  by  Member  States 
alone,  since  there  is  still  significant  variance  in  the  precise  way  and  timing  of  the 
provision  of  information  which  leads  to  divergence  of  standards  across  the  EU.  As 
the aim of the proposal is to promote mutual trust only action taken by the EU will 
allow  setting  consistent    common  minimum  standards  that  apply  throughout  the 
whole  of  the  European  Union.  The  proposal  will  approximate  Member  States' 
substantive procedural rules in respect of the transmission of information about rights 
and about the charge to persons suspected or accused of having committed a criminal 
offence  in  order  to  build  mutual  trust.  The  proposal  therefore  complies  with  the 
subsidiarity  principle.  The  Commission  proposes  a  solution  which  differs  slightly 
from  the  preferred  option  described  in  the  Impact  Assessment,  but  has  comparable 
impacts.  The  cost  of  EU-mandated  action  is  as  estimated  for  the  initially  preferred 
option, because Member States will only incur extra costs if they choose to exercise 
their  discretion  rather  than  use  the  indicative  model  proposed  within  a  Letter  of 
Rights.  

PROPORTIONALITY PRINCIPLE 

The  proposal  complies  with  the  proportionality  principle  in  that  it  does  not  go 
beyond  the  minimum  required  in  order  to  achieve  the  stated  objective  at  European 
level and what is necessary for that purpose. 

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2010/0215 (COD) 

Proposal for a 

DIRECTIVE …/…/EU OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL  

on the right to information in criminal proceedings 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 82(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Article 47 of the Charter of Fundamental Rights of the European Union (the Charter), 
Article  6  of  the  European  Convention  for  the  Protection  of  Human  Rights  and 
Fundamental Freedoms (ECHR) and Article 14 of the International Covenant on Civil 
and Political Rights (ICCPR) enshrine the right to a fair trial. Article 48 of the Charter 
guarantees respect for the rights of the defence. 

Article 6 of the Charter and Article 5 of the ECHR enshrine the rights to liberty and 
security, the limitations to which may not exceed those permitted by the ECHR in the 
wording  of  its  Article  5  and  inferred  from  the  case-law  of  the  European  Court  of 
Human Rights.  

The European Union has set itself the objective of maintaining and developing an area 
of  freedom,  security  and  justice.  According  to  the  conclusions  of  the  European 
Council in Tampere of 15 and 16 October 1999, and in particular point 33 thereof, the 
principle of mutual recognition should become the cornerstone of judicial cooperation 
in both civil and criminal matters within the Union, since enhanced mutual recognition 
of  judicial  decisions  and  judgments  and  the  necessary  approximation  of  legislation 
would  facilitate  cooperation  between  authorities  and  the  judicial  protection  of 
individual rights.  

1 
2 

OJ C , , p. . 
OJ C , , p. . 

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(4) 

(5) 

On  29  November  2000  the  Council,  in  accordance  with  the  Tampere  Conclusions, 
adopted a programme of measures to implement the principle of mutual recognition of 
decisions in criminal matters3. The introduction to the programme of measures states 
that  mutual  recognition  is  "designed  to  strengthen  cooperation  between  Member 
States" and "to enhance the protection of individual rights". 

Implementation of the principle of mutual recognition of decisions in criminal matters 
presupposes  that  Member  States  have  trust  in  each  other's  criminal  justice  systems. 
The extent of the mutual recognition exercise is very much dependent on a number of 
parameters,  which  include  mechanisms  for  safeguarding  the  rights  of  suspects  and 
common minimum standards necessary to facilitate the application of the principle of 
mutual recognition. 

(6)  Mutual recognition can only operate effectively in a spirit of confidence, whereby not 
only  judicial  authorities,  but  all  actors  in  the  criminal  process  see  decisions  of  the 
judicial  authorities  of  other  Member  States  as  equivalent  to  their  own,  implying  not 
only  trust  in  the  adequacy  of  one's  partners'  rules,  but  also  trust  that  those  rules  are 
correctly applied. 

(7) 

(8) 

(9) 

Although  Member  States  are  parties  to  the  ECHR  and  the  ICCPR,  experience  has 
shown  that  this  in  itself  does  not  always  provide  a  sufficient  degree  of  trust  in  the 
criminal justice systems of other Member States. 

Strengthening mutual trust requires detailed rules on the protection of the procedural 
rights  and  guarantees  stemming  from  the  Charter,  the  ECHR  and  the  ICCPR.  In  the 
implementation  of  this  Directive,  Member  States  should  not  in  any  event  fall  below 
the standards set out in the Convention and the Charter as developed by the case-law 
of  the  Court  of  Justice  of  the  European  Union  and  the  European  Court  of  Human 
Rights. 

Article 82(2) of the Treaty provides for the establishment of minimum rules applicable 
in the Member States so as to facilitate mutual recognition of judgments and judicial 
decisions and police and judicial cooperation in criminal matters having a cross-border 
dimension.  Point  (b)  of  Article  82(2)  refers  to  "the  rights  of  individuals  in  criminal 
procedure" as one of the areas in which minimum rules may be established. 

(10)  Common  minimum  rules  should  lead  to  increased  confidence  in  the  criminal  justice 
systems  of  all  Member  States,  which  in  turn  should  lead  to  more  efficient  judicial 
cooperation in a climate of mutual trust and to the promotion of a fundamental rights 
culture in the European Union. They should also remove obstacles to free movement 
of  citizens.  Such  common  minimum  rules  should  apply  to  information  in  criminal 
proceedings. 

(11)  On  30  November  2009,  the  Council  adopted  the  Roadmap  for  strengthening 
procedural  rights  of  suspected  and  accused  persons  in  criminal  proceedings  ("the 
Roadmap")4.  Taking  a  step-by-step  approach,  the  Roadmap  calls  for  the  adoption  of 
measures regarding the right to translation and interpretation, the right to information 
on rights and information about the charges, the right to legal advice and legal aid, the 

3 
4 

OJ C 12, 15.1.2001, p. 10. 
OJ C 295, 4.12.2009, p. 1. 

EN 

13 

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right  to  communication  with  relatives,  employers  and  consular  authorities,  and 
regarding special safeguards for suspected or accused persons who are vulnerable. The 
Roadmap  emphasises  that  the  order  of  the  rights  is  indicative  only  and  thus  implies 
that  it  may  be  changed  according  to  priorities.  It  is  designed  to  operate  as  a  whole; 
only when all its component parts have been implemented will its benefits be felt in 
full. 

(12) 

In the Stockholm Programme, adopted on 11 December 20095, the European Council 
welcomed  the  Roadmap  and  made  it  part  of  the  Stockholm  Programme  (point  2.4.). 
The  European  Council  underlined  the  non-exhaustive  character  of  the  Roadmap,  by 
inviting the Commission to examine further aspects of minimum procedural rights for 
suspected  and  accused  persons,  and  to  assess  whether  other  issues,  for  instance  the 
presumption  of  innocence,  need  to  be  addressed,  in  order  to  promote  better 
cooperation in this area. 

(13)  The first measure on the Roadmap is a Directive of the European Parliament and of the 
Council on the rights to interpretation and to translation in criminal proceedings6. 

(14)  This Directive relates to measure B of the Roadmap. It lays down common minimum 
standards to be applied in the field of information about rights and about the charge to 
be given to persons suspected or accused of having committed a criminal offence, with 
a view to enhancing mutual trust among Member States. The Directive promotes the 
application of the Charter, and in particular its Articles 6, 47 and 48 by building upon 
Articles 5 and 6 ECHR as interpreted by the European Court of Human Rights. In its 
Communication  "Delivering  an  area  of  freedom,  security  and  justice  for  Europe's 
citizens", the Action Plan Implementing the Stockholm Programme7, the Commission 
announced the presentation of a proposal on the right to information in 2010. 

(15)  This Directive does not apply in proceedings conducted by administrative authorities 
in  relation  to  the  breach  of  competition  legislation,  whether  national  or  European, 
unless the case is brought before a court having jurisdiction in criminal matters.  

(16)  The  right  to  information  about  rights  (which  is  inferred  from  the  case-law  of  the 
European  Court  of  Human  Rights)  should  be  explicitly  established  by  the  Directive. 
This  Directive  thus  offers  protection  beyond  that  currently  provided  by  the  ECHR. 
Information about the charge is a right enshrined in Articles 5 and 6 of the ECHR as 
interpreted  by  the  European  Court  of  Human  Rights  and  Articles  9  and  14  of  the 
ICCPR.  The  provisions  of  this  Directive  should  facilitate  the  application  of  those 
rights in practice, with a view to safeguarding the right to fair proceedings. 

(17)  The  suspected  or  accused  person  should  be  able  to  know  and  understand  what  his 
rights  are  and  be  in  a  position  to  avail  himself  of  those  rights  before  any  police 
questioning. He should be informed promptly and in a language he understands of the 
nature and cause of any accusation he faces and given information about immediately 
relevant rights.  

5 
6 

7 

OJ C 115, 4.5.2010. 
Directive  2010/xxx/EU  of  the  European  Parliament  and  of  the  Council  on  the  rights  to  interpretation 
and translation in criminal proceedings (8 October 2010). 
COM(2010) 171, 20.4.2010. 

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14 

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(18) 

Information  about  rights  should  be  given  to  all  suspected  and  accused  persons 
promptly at the outset of criminal proceedings, be it orally or in writing. Information 
about rights to be given under this Directive should as a minimum requirement under 
this  Directive  include  information  on  the  right  of  access  to  a  lawyer,  the  right  to  be 
informed of the charge and, where appropriate, to be given access to the case-file, the 
right to interpretation and translation for those who do not understand the language of 
the proceedings and the right to be brought promptly before a court if the suspected or 
accused  person  is  arrested.  This  is  without  prejudice  to  information  to  be  given  on 
other  procedural  rightsstemming  from  the  Charter,  the  ECHR,  the  ICCPR  and 
applicable EU legislation as interpreted by the relevant courts and tribunals. 

(19)  Where a suspected or accused person is arrested, information about these immediately 
relevant  procedural  rights  should  be  given  by  means  of  a  written  Letter  of  Rights 
drafted  in  an  easily  comprehensible  manner  so  as  to  ensure  that  he  has  an  actual 
understanding of his rights. To help Member States design such a Letter of Rights and 
to  promote  greater  consistency  between  Member  States,  a  model  of  the  Letter  of 
Rights, which Member States may use, is provided in Annex I to the Directive. This 
model  is  indicative  and  may  be  subject  to  review  in  the  context  of  the  report  on 
implementation to be presented by the European Commission pursuant to Article 12 of 
the  Directive  and  also  once  all  the  Roadmap  measures  have  come  into  force.  The 
actual letter based on this model should also include other relevant procedural  rights 
that  apply in Member States. 

(20)  A  person  accused  of  having  committed  a  criminal  offence  should  be  given  all  the 
information  on  the  charge  necessary  to  enable  him  to  prepare  his  defence  and  to 
safeguard the fairness of the proceedings.  

(21)  The most effective way of ensuring that a suspected or accused person has sufficient 
information about the charge is to allow him or his lawyer access to the case-file. This 
access may be restricted where it poses a serious risk to the life of another person or 
the internal security of the Member State. 

(22)  Member  States  should  have  a  mechanism  to  verify  that  the  suspected  or  accused 
persons have received all the information about rights and about the charge to which 
they are entitled.  

(23)  Adequate  training  on  procedural  rights  of  suspected  and  accused  persons  should  be 

provided to the relevant officials in Member States.  

(24) 

In accordance with the United Nations Convention on the Rights of the Child, a child 
means  every  person  below  the  age  of  18  years.  In  all  action  relating  to  children,  the 
child's best interests must be a primary consideration. 

(25)  The  rights  provided  for  in  this  Directive  should  also  apply,  mutatis  mutandis,  to 
proceedings for the execution of a European Arrest Warrant according to the Council 
Framework  2002/584/JHA  of  13  June  2002  on  the European Arrest Warrant and the 
surrender procedures between Member States8. To help Member States design such a 
Letter  of  Rights  and  to  promote  greater  coherence  between  Member  States  a  model 

8 

OJ L 190 of 18.7.2002, p.1. 

EN 

15 

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form of the Letter of Rights, which Member States may use, is provided in Annex 1 to 
the  Directive.  This  model  form  is  indicative  and  may  be  subject  to  review  in  the 
context of the report on implementation to be presented by the European Commission 
pursuant to Article 12 of the Directive and also once all the Roadmap measures have 
come into force.  

(26)  The  provisions  of  this  Directive  set  minimum  rules.  Member  States  may  extend  the 
rights  set  out  in  this  Directive  in  order  to  provide  a  higher  level  of  protection  in 
situations  not  explicitly  dealt  with  in  this  Directive.  The  level  of  protection  should 
never go below the standards provided by the ECHR, as interpreted in the case-law of 
the European Court of Human Rights.  

(27)  This Directive respects fundamental rights and observes the principles recognised by 
the Charter. In particular, this Directive seeks to promote the right to liberty, the right 
to  a  fair  trial,  the  rights  of  the  defence  and  the  rights  of  the  child.  It  has  to  be 
implemented accordingly.  

(28)  Member  States  should  ensure  that  the  provisions  of  this  Directive,  where  they 
correspond to rights guaranteed by the ECHR are implemented consistently with those 
of  the  ECHR  and  as  developed  by  the  relevant  case-law  of  the  European  Court  of 
Human Rights.  

(29)  Since  the  aim  of  achieving  common  minimum  standards  cannot  be  achieved  by 
Member  States  acting  unilaterally,  either  at national,  regional  or  local  level,  and  can 
only be achieved at Union level, the European Parliament and the Council may adopt 
measures in accordance with the principle of subsidiarity as referred to in Article 5 of 
the Treaty on European Union. In accordance with the principle of proportionality, as 
set  out  in  the  latter  Article,  this  Directive  does  not  go  beyond  what  is  necessary  in 
order to achieve that objective. 

(30) 

[In  accordance  with  Articles  1,  2,  3  and  4 of Protocol  on  the  position  of  the  United 
Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, the United Kingdom and Ireland have notified their wish to participate in the 
adoption  and  application  of  this  Directive]  OR  [without  prejudice  of  Article  4 
of Protocol on the position of the United Kingdom and Ireland in respect of the Area 
of Freedom, Security and Justice, annexed to the Treaty on European Union and to the 
Treaty  on  the  Functioning  of  the  European  Union,  the  United  Kingdom  and  Ireland 
will  not  participate  in  the  adoption  of  this  Directive  and  will  not  be  bound  by  or  be 
subject to its application]9 

(31) 

In accordance with Articles 1 and 2 of Protocol on the position of Denmark, annexed 
to the Treaty on European Union and to the Treaty on the Functioning of the European 
Union, Denmark is not taking part in the adoption of this Directive, and is therefore 
not bound by it or subject to its application, 

9 

The  final  wording  of  this  recital  in  the  Directive  will  depend  on  the  actual  position  of  the  United 
Kingdom and Ireland taken in accordance with the provisions of protocol (No 21). 

EN 

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HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Objective  

The  Directive  lays  down  rules  concerning  the  right  of  suspected  and  accused  persons  to 
information about their rights and about the charge in criminal proceedings against them. 

Article 2 
Scope 

1. 

2. 

1. 

This  Directive  applies  from  the  time  a  person  is  made  aware  by  the  competent 
authorities  of  a  Member  State,  by  official  notification  or  otherwise,  that  he  is 
suspected or accused of having committed a criminal offence until the conclusion of 
the proceedings, which is understood to mean the final determination of the question 
whether  the  suspected  or  accused  person  has  committed  the  offence,  including, 
where applicable, sentencing and the resolution of any appeal. 

This  Directive  applies  to  proceedings  for  the  execution  of  a  European  Arrest 
Warrant. 

Article 3 
The right to information about rights 

Member States shall ensure that any  person who  is suspected or accused  of having 
committed  a  criminal  offence  is  provided  promptly  with  information  on  his 
procedural rights in simple and accessible language.  

2. 

The information referred to in paragraph 1 shall include as a minimum: 

–  the right of access to a lawyer, where necessary free of charge, 

–  the right to be informed of the charge and, where appropriate, to be given access 

to the case-file, 

–  the right to interpretation and translation, 

–  the right to be brought promptly before a court if the suspected or accused person 

is arrested. 

Article 4 
The right to written information about rights on arrest 

1. 

Where  a  person  is  arrested  by  the  competent  authorities  of  a  Member  State  in  the 
course  of  criminal  proceedings,  he  shall  be  promptly  provided  with  information 
about  his  procedural  rights  in  writing  (Letter  of  Rights).  He  shall  be  given  an 
opportunity to read the Letter of Rights and be allowed to keep it in his possession 
throughout the time he is deprived of his liberty. 

EN 

17 

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2. 

3. 

4. 

The Letter of Rights shall be drafted in simple language and shall include at least that 
information  referred  to  in  Article  3(2).  Annex  I  to  this  Directive  contains  an 
indicative model of such a Letter. 

Member  States  shall  ensure  that,  where  the  suspected  or  accused  person  does  not 
speak or understand the language of the proceedings, he receives the Letter of Rights 
in  a  language  he  understands.  Member  States  shall  ensure  that  a  mechanism  is  in 
place  to  convey  the  information  to  a  suspected  or  accused  person  who  is  partially 
sighted  or  cannot  read.  Where  the  suspected  or  accused  person  is  a  child,  the 
information  contained  in  the  Letter  of  Rights  shall  also  be  provided  orally  in  a 
manner  adapted  to  the  child's  age,  level  of  maturity  and  intellectual  and  emotional 
capacities. 

Where a Letter of Rights is not available in the appropriate language, the suspected 
or accused person shall be informed of his rights orally in a language he understands. 
A Letter of Rights in a language he understands shall  then be given to him without 
undue delay. 

Article 5 
The right to written information about rights in European Arrest Warrant proceedings 

Member  States  shall  ensure  that  any  person  subject  to  proceedings  for  the  execution  of  a 
European Arrest Warrant receives an appropriate Letter of Rights setting out the rights of that 
person  as  laid  down  in  the  Framework  Decision  2002/584/JHA..  Annex  II  to  this  Directive 
contains an indicative model of such Letter. 

Article 6 
The right to information about the charge  

1. 

2. 

Member  States  shall  ensure  that  a  suspected  or  accused  person  is  provided  with 
sufficient  information  about  the  charge  to  safeguard  the  fairness  of  the  criminal 
proceedings. 

The information required pursuant to paragraph 1 shall be delivered promptly and in 
detail and in a language that the suspected or accused person understands. In the case 
of a child, information about the charges shall be provided in a manner adapted to his 
age, level of maturity and intellectual and emotional capacities. 

3. 

The information to be given shall include: 

(a) 

a  description  of  the  circumstances  in  which  the  offence  was  committed, 
including  the  time,  place  and  degree  of  participation  in  the  offence  by  the 
suspected or accused person and 

(b) 

the nature and legal classification of the offence.  

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1. 

2. 

3. 

1. 

2. 

3. 

Article 7 
The right to access to the case-file 

Where  a  suspected  or  accused  person  is  arrested  at  any  stage  of  the  criminal 
proceedings,  Member  States  shall  ensure  that  he  or  his  lawyer  is  granted  access  to 
those documents contained in the case-file which are relevant for the determination 
of the lawfulness of the arrest or detention. 

Member States shall ensure that an accused person or his lawyer is granted access to 
the  case-file  once  the  investigation  of  the  criminal  offence  is  concluded.  Access  to 
certain documents contained in the case-file may be refused by a competent judicial 
authority  where  access  to  these  documents  may  lead  to  serious  risk  to  the  life  of 
another  person  or  may  seriously  harm  the  internal  security  of  the  Member  State  in 
which the proceedings take place. Where it is in the interests of justice, the accused 
person or his lawyer may request an index of the documents contained in the case-
file. 

Access  to  the  case-file  shall  be  provided  in  good  time  to  allow  the  suspected  or 
accused  person  to  prepare  his  defence  or  challenge  pre-trial  decisions.  It  shall  be 
provided free of charge. 

Article 8 
Verification and remedies 

Member  States  shall  ensure  that  a  procedure  is  in  place  to  ascertain  whether  a 
suspected  or  accused  person  has  received  all  information  relevant  to  him  in 
accordance with Articles 3 to 7. 

Member  States  shall  ensure  that  a  suspected  or  accused  person  has  an  effective 
remedy in instances where he does not receive this information. 

Where  the  notification  of  rights  is  made  orally  in  accordance  with  Article  4(4),  it 
shall  be  recorded  in  such  a  manner  as  to  allow  verification  of  the  content  of  the 
notification. 

Article 9 
Training 

Member  States  shall  ensure  that  relevant  officials  in  police  and  judicial  authorities  receive 
appropriate training in relation to the obligations laid down in Articles 3 to 8. Member States 
shall  ensure  in  particular  that  relevant  officials  have  sufficient  knowledge  of  the  rights  of 
suspected  and  accused  persons  as  referred  to  in  Article  3  in  order  to  safeguard  appropriate 
transmission of information on these rights.  

Article 10 
Non-regression clause 

Nothing in this Directive shall be construed as limiting or derogating from any of the rights 
and procedural safeguards that may be ensured under the ECHR, under the ICCPR and under 

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other relevant provisions of international law or under the laws of any Member States which 
provide a higher level of protection. 

Article 11 
Implementation 

1. 

2. 

3. 

Member  States  shall  adopt  and  publish  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive by 10 at the latest.  

They shall communicate the text of those provisions and a correlation table between 
those provisions and this Directive to the Commission. 

When  Member  States  adopt  these  provisions  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made.   

Article 12 
Report 

The Commission shall, by ……….  11 submit a report to the European Parliament and to the 
Council, assessing the extent to which the Member States have taken the necessary measures 
in order to comply with this Directive, accompanied, if necessary, by legislative proposals. 

Article 13 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 14 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

10 
11 

24 months after publication of this Directive in the Official Journal. 
36 months after publication of this Directive in the Official Journal.  

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ANNEX I 

Indicative1  model  Letter  of  Rights  for  suspected  and  accused 
persons on arrest: 

If you are arrested by the police you have the following rights: 

A. 

to be informed of what offence you are suspected 

B. 

to the assistance of a lawyer  

C. 

to  an  interpreter  and  translation  of  documents,  if  you  do  not
understand the language 

D. 

to know for how long you can be detained 

You are entitled to keep this Letter of Rights with you during your detention. 

A. Information on the suspicion 

–  You  have  the  right  to  know  why  you  are  suspected  of  having 
committed  a  criminal  offence  immediately  after  deprivation  of 
liberty, even if the police do not question you. 

–  You or your lawyer can ask to see the parts of the case-file relating 
to  your  arrest  and  detention  or  be  informed  about  their  content  in 
detail.  

B. Help of a lawyer 

–  You  have  the  right  to  speak  to  a  lawyer  before  the  police  start 

questioning you. 

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To be complemented with other relevant procedural rights applicable in Member States. 

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–  If you ask to speak to a lawyer, it does not make you look like you 

have done anything wrong. 

–  The police must help you to get in touch with a lawyer. 

–  The lawyer is independent from the police and will not reveal any 

information you give him without your consent. 

–  You  have  the  right  to  speak  with  a  lawyer  in  private,  both  at  the 

police station and/or on the telephone. 

–  If  you  are  not  able  to  pay  for  a  lawyer  the  police  have  to  provide 
you with information about free or partially free legal assistance. 

C. Help of an interpreter 

–  If you do not speak or understand the language, an interpreter will 
be  called  for  you.  The  interpreter  is  independent  from  the  police 
and  will  not  reveal  any  information  you  give  him  without  your 
consent. 

–  You  can  also  ask  for  an  interpreter  to  help  you  to  talk  to  your 

lawyer. 

–  The help of an interpreter is free of charge. 

–  You have the right to receive a translation of any order by a judge 
allowing  your  arrest  or  keeping  you  in  custody.  You may  also  ask 
to have other essential documents in the investigation translated. 

D. How long can you be deprived of your liberty? 

–  If you are not released, you must be brought before a judge within *2 

hours after you have been deprived of your liberty. 

–  The judge must then hear you and can decide whether you are to be 
kept  in  custody  or  released.  You  have  the  right  to  receive  a 
translation of the judge's decision if he decides that you will remain 
in custody. 

–  You  have  the  right  to  ask  for  your  release  at  any  time.  Your  lawyer 

can advise you on how to proceed. 

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(…) 

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ANNEX II 

Indicative1  model  Letter  of  Rights  for  persons  arrested  on  the 
basis of a European Arrest Warrant: 

If you are arrested by the police on the basis of a European Arrest Warrant 
you have the following rights: 

A. 

to know why you have been arrested 

B. 

to the assistance of a lawyer  

to  an  interpreter  and  translation  of  documents,  if  you  do  not 

C. 
understand the language  

D. 

to be informed of your right to agree to surrender 

E. 

to a hearing if you do not agree to surrender 

F. 

to be released once the relevant deadline has passed 

You are entitled to keep this Letter of Rights with you during your detention. 

A. Right to know what you are arrested for 

–  You have a right to know why you are sought by another country.  

B. Help of a lawyer 

–  You have the right to see a lawyer. The police must help you to get 

in touch with a lawyer. 

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To be complemented with other relevant procedural rights applicable in Member States. 

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–  The lawyer is independent from the police and will not reveal any 

information you give him without your consent. 

–  You  have  the  right  to  speak  with  a  lawyer  in  private,  both  at  the 

police station and/or on the telephone. 

–  If  you  are  not  able  to  pay  for  a  lawyer  the  police  have  to  provide 

you with information about free legal assistance. 

C. Help of an interpreter 

–  If you do not speak or understand the language, an interpreter will 
be  called  for  you.  The  interpreter  is  independent  from  the  police 
and  will  not  reveal  any  information  you  give  him  without  your 
consent. 

–  You  can  also  ask  for  an  interpreter  to  help  you  to  talk  to  your 

lawyer. 

–  The help of an interpreter is free of charge. 

–  You have the right to receive a translation of any order by a judge 
allowing  your  arrest  or  keeping  you  in  custody.  You may  also  ask 
to have other essential documents in the investigation translated. 

D. Your right to agree to surrender  

–  You have the right to agree to being surrendered under a European 

Arrest Warrant. This should speed the procedure up.  

–  If  you  agree  to  be  surrendered,  it  may  be  difficult  to  change  this 
decision  at  a  later  stage.  You  should  speak  to  a  lawyer  before 
deciding whether or not to agree to surrender.  

E. Your right to a hearing  

–  If you do not consent to be sent to the Member State seeking you, 
you are entitled to go before a judge and to explain why you don't 
consent. 

F. Right to be released once the relevant deadline has passed 

–  As  a  general  rule  you  have  to  be  surrendered  within  10  days  of  a 
court giving a final decision that you should be surrendered. If you 
have  not  been  surrendered  after  10  days,  the  authorities  normally 

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have  to  release  you.  However,  there  are  some  exceptions  to  this 
rule, so you should speak to a lawyer about this.  

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