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Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings

The proposal for this Directive was submitted by the Commission on 20 July 2010. It is the second measure implementing the roadmap on procedural rights.

This Directive establishes that Member States have to inform their citizens that they have, at least, the following rights:

• The right to access to a lawyer;
• Any entitlement to legal advice free of charge and the conditions to obtain it;
• The right to be informed of the accusation;
• The right to interpretation and translation;
• The right to remain silent.

In case of arrest, the Directive imposes among others the obligation for Member States to provide a Letter of Rights to suspects in Criminal Proceedings, containing at least information on the aforementioned rights and the following rights, in a language that they understand:

• The right to access to the materials of the case;
• The right to have consular authorities and one person informed;
• The right of access to urgent medical assistance;
• The right to know how long you can be deprived of liberty in the country concerned before being brought before a judicial authority after arrest;
• Information on the possibilities of challenging the lawfulness of the arrest, obtaining the review of the detention on making a request for provisional release.

Citizens arrested under EAW proceedings will receive a Letter of Rights containing information on their rights limited to the executing State and according to the Framework Decision on the European Arrest Warrant.

type: Directive

Reference number: 2012/13/EU

Issue date: 22-05-12

Official Journal: OJ L 142, 1.6.2012, p. 1–10


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