Course: European Criminal Law SS 2009 Hubert Hinterhofer.

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Presentation transcript:

Course: European Criminal Law SS 2009 Hubert Hinterhofer

Harmonization of Criminal Procedure Fundamentals – Focus of the EU so far: Harmonization of substantive criminal law of the MS – Criminal Procedure: only 2 initiatives Standings of Victims in Criminal Proceedings – FWD 2001 – Goal: Harmonization of Criminal Procedural Law of the MS

Harmonization of Criminal Procedure Standings of Victims in Criminal Proceedings – High level of protection for victims of crime within criminal proceedings – Prevention of another violation of victims rights within criminal proceedings

Harmonization of Criminal Procedure Standings of Victims in Criminal Proceedings – Guarantee of certain victims rights Right to be treated with respect Right to provide and receive information Right to understand and to be understood (e.g.: interpreter) Assistance for victims before or after criminal proceedings (e.g.: victim support groups)

Harmonization of Criminal Procedure Procedural Rights for suspects and defendants in Criminal Proceedings – Proposal of the Commission for a FWD (2004) – Aims Guarantee common minimum standards regarding certain procedural rights Improvement of the rights of suspects/defendants Offering an equivalent level of protection

Harmonization of Criminal Procedure Procedural Rights for suspects and defendants in Criminal Proceedings – Common minimum standards Access to legal advice Access to free interpretation Right to communicate with consular authorities Information: Written “Letter of Rights” – Big differences in the Council Relationship to ECHR unclear Criminal Procedure in the sovereignty of the MS – Initiative was cancelled (no FWD came into force)