The evolution of European Union criminal law (1957-2012)

safeguards for suspected or accused vulnerable persons, and the issue of a green paper
on pre-trial detention. 1003
Of these, some measures have already been put forward. A Directive on the right of
information in the course of criminal proceedings was very recently adopted. 1004 The
Directive envisages a number of information rights from the moment a person is made
aware by the competent authorities that they are suspected or accused of having
committed a criminal offence until the conclusion of the proceedings. 1005 These
information rights include the right of information about rights, such as the right of
access to a lawyer, entitlements to free legal advice, the right to be informed of the
accusation, the right to interpretation and translation and the right to remain silent. 1006
Suspects or accused persons shall also be provided with a written Letter of Rights,
which they are allowed to keep in their possession whilst in detention. Besides the rights
mentioned above, the Letter shall also provide information about the application of
rights under national law such as, inter alia, the right of access to the materials of the
case and the maximum number of hours or days suspects or accused persons may be
deprived of liberty before being brought before a judicial authority. 1007 The Directive
also envisages the provision of an ‘appropriate’ Letter of Rights to persons who are
arrested for the purpose of the execution of an EAW, although it does not provide
further details on the type of information that should be provided in those cases. 1008
Additional rights covered by the Directive are the rights of information on the
accusation and on the access of materials of the case. 1009 Likewise, a Directive on
translation and interpretation rights has also been adopted, 1010 covering the right to
interpretation and translation in criminal proceedings and proceedings for the execution
of a EAW, which shall apply to persons from the time they are made aware that they
area suspected or accused of having committed a criminal offence until conclusion of
the proceedings and, if applicable, sentencing and resolution of any appeal. 1011
Furthermore, a Proposal for a Directive on the right to access a lawyer and on
1003 Idem.
1004 Directive 2012/12/EU, supra note 727.
1005 Article 2 (1), ibid..
1006 Article 3, ibid..
1007 Article 4, ibid..
1008 Article 5, ibid..
1009 Articles 6 and 7, ibid..
1010 Directive 2010/64/EU, supra note 729.
1011 Articles 1, 2 and 3, ibid..
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