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Date: April 29, 2024 Mon
Time: 10:49 pm
Time: 10:49 pm
Results for suspects rights
2 results foundAuthor: Leonaite, Erika Title: Inside Police Custody 2. Suspects' Procedural Rights in Lithuania Summary: Data obtained by police during the first questioning of the suspect is often of vital importance for the case. Thus, it is important to ensure that during the questioning the main procedural rights of suspects - right to interpretation, right to information, right to effective defence - are respected. These procedural rights are enshrined both in European Union directives and in Lithuanian law, regulating criminal procedure. In order to find out how procedural rights operate in day-to-day practice of police investigators, researchers from the Human Rights Monitoring Institute conducted observation-based research. Researchers observed questionings of arrested suspects and conducted qualitative interviews with police investigators and defence lawyers. This research, based on data from real-life questionings, enabled us to identify the main areas of concern, revealing gaps between legal regulation and daily practice of police investigators. At the same time, examples of good practices, applied by some investigators and demonstrating professional attitude towards procedural standards, were observed as well. This research conducted in Lithuania is part of a wider-scale regional project, carried out in eight other EU countries - Austria, Bulgaria, Hungary, Italy, Poland, Slovenia, Romania, and Spain. Details: Vilnius, Lithuania: Human Rights Monitoring Institute (HRMI), 2018. 115p. Source: Internet Resource: Accessed May 4, 2019 at: https://hrmi.lt/wp-content/uploads/2019/03/National_report_Lithuania_2018.pdf Year: 2018 Country: Lithuania URL: https://hrmi.lt/wp-content/uploads/2019/03/National_report_Lithuania_2018.pdf Shelf Number: 155663 Keywords: Accused PersonsCriminal ProcedurePolice CustodyPolice InvestigationsPolice ProceduresProcedural RightsSuspects Rights |
Author: Kristof, Kadar Andras Title: Inside Police Custody 2: Country Report for Hungary Summary: As far as fundamental principles on fair trial are concerned, the Fundamental Law (the constitution) of Hungary sets out the following: Article XXVIII (1) Everyone shall have the right to have any charge against him or her, or his or her rights and obligations in any litigation, adjudicated within a reasonable time in a fair and public trial by an independent and impartial court established by an Act. (3) Persons subject to criminal proceedings shall have the right to defence at all stages of the proceedings. Defence counsels shall not be held liable for their opinion expressed while providing legal defence. As far as criminal procedures are concerned, Roadmap Directives are implemented by the Code of Criminal Procedure (which is an Act of Parliament) and its bylaws (governmental and ministerial decrees, etc.).10 Up until 1 July 2018, the Hungarian criminal procedure was governed by Act XIX of 1998 on the Code of Criminal Procedure (hereafter: Old CCP). As of 1 July 2018, this law was replaced, and Act XC of 2017 on the Code of Criminal Procedure (hereafter: New CCP) and its bylaws came into force. Below, we outline the criminal procedure as governed by the New CCP. Under the New CCP a criminal procedure may be launched against a person if there is substantiated suspicion that they have committed a criminal offence. The criminal procedure consists of the investigation and the court phase. It starts with the investigation that is composed of the investigative evaluation and the evidential evaluation. The investigative evaluation aims at collecting information needed for substantiate suspicion and at identifying the perpetrator. During the evidential evaluation, the prosecutor decides about the completion of the investigation based on the collection of the necessary evidence. The investigation is carried out by the investigating authority (in most cases by the police) or by the prosecutor. During the investigation the suspect is heard. At the beginning of the first interrogation, suspects are informed about the charges against them (i.e. the criminal offence they are suspected of committing). This is the so-called "communication of the suspicion", when the concerned person formally becomes a suspect. Defendants have the right to be informed about their procedural rights, shall be granted access to a lawyer, and are entitled to submit a motion for the appointment of a defence counsel already before the communication of the suspicion. Upon the completion of the investigation, the prosecutor - in the capacity of a public prosecutor - presses charges by submitting the bill of indictment to the court. As of 1 July 2018, the new rules introduced the guilty plea into the Hungarian criminal procedure as a new institution available before the pressing of charges, which can be initiated both by the defence and by the prosecutor. The guilty plea cannot extend to the facts of the case or the qualification of the criminal offence under the Criminal Code, but is focused primarily on the sanction. The court can review the legality of the guilty plea in the framework of a special procedure, but cannot amend its content, only approves or refuses it based on the indictment.... Details: Budapest: Hungarian Helsinki Committee, 2018. 112p. Source: Internet Resource: Accessed May 4, 2019 at: https://www.helsinki.hu/wp-content/uploads/IPC_Country_Report_Hungary_Eng_fin.pdf Year: 2018 Country: Hungary URL: https://www.helsinki.hu/wp-content/uploads/IPC_Country_Report_Hungary_Eng_fin.pdf Shelf Number: 155666 Keywords: Accused Persons Criminal Procedure Police Custody Police Investigations Police Procedures Procedural Rights Suspects Rights |