Σάββατο, 12 Ιουνίου 2010

Δικαίωμα διερμηνείας σε "κοινοτικούς" κατηγορούμενους για ποινικά αδικήματα συζητείται στο Στρασβούργο

Δικαίωμα διερμηνείας στους κατηγορούμενους του ποινικού Δικαίου. Η έκτασή του συζητείται την ερχόμενη εβδομάδα στο Στρασβούργο.
Ο Βρετανός φίλαθλος που συλλαμβάνεται στην Πορτογαλία θα αποκτήσει δικαίωμα σε μεταφράσεις των κειμένων και σε διερμηνέα, κατά τη διάρκεια της ανάκρισης και της δίκης και στις επαφές του με τον δικηγόρο του εφ' όσον το ΕΚ εγκρίνει νέα νομοθεσία που εγγυάται σε κάθε πολίτη της ΕΕ υπηρεσίες διερμηνείας και μετάφρασης σε περίπτωση που αντιμετωπίζουν ποινική δίωξη σε άλλο κράτος μέλος.

Own-language rights for EU citizens in criminal trials

Fundamental rights - 10-06-2010


New rules to guarantee that EU citizens facing criminal trials in another Member State may have the proceedings translated and interpreted into their own languages were backed by the Civil Liberties Committee on Thursday. An agreement reached by EP and Council representatives will be put to a plenary vote next week in Strasbourg. Member States will have three years to transpose the directive into their national laws.
Common minimum standards on the right to interpretation and translation in criminal cases in the EU, which will also apply to the execution of a European Arrest Warrant, are set out in a proposed EU directive to improve the rights of suspects or accused persons who do not speak or understand the language of the proceedings. This would "strengthen fair trial rights and equality of procedural rights throughout the EU", says Sarah Ludford (ALDE, UK), who is steering the proposal through Parliament.



From suspicion to final decision



The new rights would apply from the time the person is made aware that he is suspected or accused of having committed a criminal offence until the conclusion of the proceedings, including sentencing and the resolution of any appeal.



For example, a British football fan arrested in Portugal would, under the new rules, have the right to interpretation during police questioning, court or interim hearings and communications with his lawyer. MEPs stressed that a defendant should be able to explain his version of the events to his legal counsel, point out any statements with which he disagrees and make his legal counsel aware of any facts that should be put forward in his defence.



Interpretation and translation should be provided into his native language or any other language that he understands and that allows him to exercise fully the right to defend himself. The right to interpretation includes assistance for people with hearing or speech impediments.



All essential documents, including decisions depriving a person of his liberty, the charge/indictment and any judgment, should also be translated.



Right to challenge



The defendant would have the right to challenge a decision finding that there is no need for interpretation and, where interpretation has been provided, the right to complain that the its quality is not sufficient to ensure the fairness of the proceedings. The same applies to translation.



Technology such as videoconferencing or communication by telephone or internet could be employed, unless the physical presence of the interpreter is required in order to safeguard the fairness of the proceedings.



Costs to be met by Member States



The costs of implementing this directive will be covered by the Member States, irrespective of the outcome of the proceedings. "Any extra costs that the directive will impose on Member States are the irreducible cost of ensuring fair trials and avoiding miscarriages of justice and will in any case be balanced by fewer costly appeals and delays", said Ms Ludford.



Register of independent translators and interpreters



According to the proposed directive, Member States "shall endeavour to establish a register or registers of independent translators and interpreters" who are appropriately qualified. Once established, such a register or registers should be made available to legal counsel and relevant authorities. The proposed EU law also sets out provisions on the quality of interpretation and translation and on training of judges, prosecutors and judicial staff.



The proposed directive follows an initiative put forward by 13 Member States (Belgium, Germany, Estonia, Spain, France, Italy, Luxembourg, Hungary, Austria, Portugal, Romania, Finland and Sweden), and is the first step in a series of measures designed to lay down common EU standards in criminal law cases. The UK and Ireland have opted in to this directive.



In the chair: Juan Fernando López Aguilar (S&D, ES)

Rapporteur: Sarah Ludford (ALDE, UK)

Committee vote: 10 June 2010 - Result of vote: 38 in favour, 1 against, no abstentions

Plenary vote: 16 June 2010

REF. : 20100610IPR75788

Αναδημοσίευση από την ιστοσελίδα του Ευρωπαϊκού Κοινοβουλίου www.europarl.europa.eu

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