Mutual Recognition of Judicial Decisions in European Criminal Law 1st Edition by Libor Klimek 9783319443751 3319443755

Part I: Introduction to Mutual Recognition in Criminal Matters

Chapter 1: Definition of Mutual Recognition in Criminal Matters

1.1 Mutual Recognition as a General Concept of the European Union

1.2 Mutual Recognition in Criminal Matters as a Part of the Judicial Co-operation in the European Un

1.3 Mutual Recognition in Criminal Matters in European Union Primary Law

1.4 Mutual Recognition in Criminal Matters in European Union Secondary Law

1.4.1 Introduction

1.4.2 Framework Decisions (2002-2009)

1.4.2.1 Nature

1.4.2.2 Why Mutual Recognition in Criminal Matters Was Originally Introduced by Framework Decisions?

1.4.2.3 Obligation to Interpret National Legislation in Conformity with Framework Decisions: The Cou

1.4.2.4 Compatibility of Framework Decisions: The Court of Justice of the European Union Case of Adv

1.4.3 Directives (Since 2010)

1.4.4 Concrete Mutual Recognition Legislative Instruments

1.4.5 Obligation to Implement the Mutual Recognition Legislative Instruments into National Law of th

1.5 Scope of Mutual Recognition in Criminal Matters

1.6 Grounds for Non-recognition or Non-execution the Decision as Derogation of Mutual Recognition in

1.7 Concluding Observations

References

Chapter 2: Genesis

2.1 Modern European Integration in the Area of European Union

2.2 Mutual Assistance as Predecessor of the Mutual Recognition in Criminal Matters in the European U

2.3 Early Ideas of the Mutual Recognition in Criminal Matters: The Council of Europe Conventions

2.4 Treaty on European Union: Enhanced Co-operation in Criminal Matters in the European Union

2.4.1 Third Pillar of the European Union

2.4.2 Area of Freedom, Security and Justice in the European Union

2.5 Evolution of the Mutual Recognition in Criminal Matters in the European Union: Concrete Steps

2.5.1 Cardiff European Council (1998): Introducing the Mutual Recognition in Criminal Matters

2.5.2 Vienna Action Plan (1998): Facilitating the Mutual Recognition in Criminal Matters

2.5.3 Tampere European Council (1999): Mutual Recognition as the Cornerstone of Judicial Co-operatio

2.5.4 Communication of the European Commission on Mutual Recognition of Final Decisions in Criminal

2.5.5 Programme of Measures to Implement the Principle of Mutual Recognition of Decisions in Crimina

2.5.6 European Arrest Warrant (2002): The First Mutual Recognition Measure in Criminal Matters

2.5.7 Mutual Recognition of Disqualifications Arising from a Criminal Proceedings (2002): Unsuccessf

2.5.8 Acceptance of the Mutual Recognition in Criminal Matters as an Obligation and Acceptance of th

2.5.9 Order Freezing Property or Evidence (2003): The Second Mutual Recognition Measure in Criminal

2.5.10 Green Paper on Mutual Recognition in Criminal Matters (2004): An Incomplete Range of Mutual R

2.5.11 `Unsuccessful´ Treaty Establishing a Constitution for Europe (2004): Mutual Recognition as B

2.5.12 `Unsuccessful´ Mutual Recognition of Prohibitions Arising from Convictions for Sexual Offenc

2.5.13 Mutual Recognition of Financial Penalties (2005): The Third Mutual Recognition Measure in Cri

2.5.14 The Hague Programme (2005): Further Efforts to Facilitate the Mutual Recognition in Criminal

2.5.15 Mutual Recognition of Confiscation Orders (2006): The Fourth Mutual Recognition Measure in Cr

2.5.16 Mutual Recognition of Custodial Sentences and Measures Involving Deprivation of Liberty (2008

2.5.17 Mutual Recognition of Probation Measures and Alternative Sanctions (2008): The Sixth Mutual R

2.5.18 European Evidence Warrant (2008): The Seventh Mutual Recognition Measure in Criminal Matters

2.5.19 European Supervision Order in Pre-trial Procedures (2009): The Eight Mutual Recognition Measu

2.5.20 Amendment of Several Measures (2009)

2.5.21 Mutual Recognition in Criminal Matters as a General Objective (2009-Present): The Treaty on E

2.5.22 Stockholm Programme (2009): Confirmation of the Mutual Recognition and Mutual Trust and Their

2.5.23 European Protection Order (2011): The Ninth Mutual Recognition Measure in Criminal Matters

2.5.24 European Investigation Order (2014): The Tenth Mutual Recognition Measure in Criminal Matters

2.6 Concluding Observations

References

Chapter 3: Methodology

3.1 Problem Description

3.2 Review of Research Literary Sources

3.3 Objectives

3.4 Hypothesis

3.5 Research Methods

3.6 Data Gathering Methods

3.7 Possible Problems

3.8 Preliminary Work

3.9 Structure

Chapter 4: Principles of Mutual Recognition Measures

4.1 Introduction

4.2 Mutual Recognition of Judicial Decisions

4.2.1 A Brief Overview

4.2.2 Enactment in the Mutual Recognition Legislative Instruments

4.3 Mutual Trust Between Member States of the European Union

4.3.1 General Overview

4.3.2 Enactment in the Mutual Recognition Legislative Instruments

4.3.3 Enactment in the Other Legislative Instruments

4.3.4 Challenging the Mutual Trust

4.4 Direct Communication Between National Authorities of the Member States

4.4.1 General Overview

4.4.2 Enactment in the Mutual Recognition Legislative Instruments

4.5 Partial Removal of the Double Criminality Requirement

4.5.1 General Overview

4.5.2 Enactment in the Mutual Recognition Legislative Instruments

4.6 Removal of the Rule of Reciprocity

4.7 The Rule of Speciality

4.8 Conforming Interpretation of National Laws on Mutual Recognition with European Union Law

4.8.1 General Overview

4.8.2 Enactment in the Mutual Recognition Legislative Instruments

4.9 Concluding Observations

References

Part II: Mutual Recognition Measures

Chapter 5: European Arrest Warrant (Surrender Procedure)

5.1 Introduction

5.1.1 First Introduction of the European Arrest Warrant in the Corpus Juris Project and Its Failure

5.1.2 Tampere European Council: Replacement of Extradition Procedure in the European Union

5.1.3 9/11 Plane Attacks in the United States of America

5.1.4 Negotiating and Adopting the Legislation on the European Arrest Warrant

5.2 Legal Basis: The Framework Decision 2002/584/JHA on the European Arrest Warrant

5.2.1 Objective

5.2.2 Related Legislation

5.2.3 Framework Decision Compatibility: The Court of Justice of the European Union Case of Advocaten

5.2.4 Constitutional Pressures

5.2.4.1 Poland: Revision of the Constitution

5.2.4.2 Germany: `Double Implementation´ of the Framework Decision 2002/584/JHA on the European Arr

5.2.4.3 Czech Republic: `EU-Friendly´ Interpretation of the Constitution

5.2.4.4 Cyprus: Revision of the Constitution

5.2.5 Framework Decision Amendment

5.3 Definition, Scope of Application of Application

5.3.1 Definition and Main Features

5.3.2 European Arrest Warrant and Fundamental Rights

5.4 Procedures

5.4.1 Principles

5.4.1.1 Mutual Recognition of Judicial Decisions

5.4.1.2 Mutual Trust Between Member States of the European Union

5.4.1.3 Direct Communication Between National Authorities of the Member States

5.4.1.4 Partial Removal of the Double Criminality Requirement

5.4.1.5 Removal of the Rule of Reciprocity

5.4.1.6 The Rule of Speciality

5.4.1.7 Execution the European Arrest Warrant in Line with the Framework Decision 2002/584/JHA on th

5.4.2 Issuing the European Arrest Warrant

5.4.2.1 Alternatives of Issuing

`Standard´ Issuing

Issuing Without Verification of the Double Criminality of the Offence

5.4.2.2 Proportionality Test

5.4.2.3 Form and Content

5.4.2.4 Transmission

5.4.2.5 Language

5.4.3 Execution the European Arrest Warrant

5.4.3.1 Obligation to Execute the European Arrest Warrant

5.4.3.2 Decision on Surrender in the Event of Multiple Requests

5.4.3.3 Consent to Surrender

5.4.3.4 Time Limits

5.4.3.5 Grounds for Non-execution

Mandatory Non-execution

Optional Non-execution

5.4.3.6 Pre-surrender Detention

5.4.3.7 Transit of a Requested Person and Expenses

5.4.3.8 Handing Over of Property

5.4.3.9 Execution of the Retroactively Issued European Arrest Warrants

5.4.3.10 Procedural Safeguards (Guarantees and Rights)

Right To Be Informed of the European Arrest Warrant and of Its Contents

Right to a Letter of Rights

Right To Be Assisted by a Legal Counsel

Right To Be Assisted by an Interpreter

Right to Translation

Right to Consent to Surrender

Right To Be Heard by the Executing Judicial Authority

Right to Demand the Rule of Speciality

Right of Appeal Against Decisions Relating to European Arrest Warrant

5.4.4 Surrender Procedure and Nordic Countries (Norway and Island)

5.4.5 `Surrender´ vs. `Extradition´: A Comparison Focused on Innovations of the European Arrest Wa

5.4.5.1 Terminology and Material Act: `Surrender´ vs. `Extradition´

5.4.5.2 Legal Basis: EU´s Framework Decision vs. International Convention(s)

5.4.5.3 The Obligation to Execute the Request: Mutual Recognition vs. Assistance

5.4.5.4 Nature of Procedure: Judicial vs. Political

5.4.5.5 The Requested Person´s Nationality: EU Citizens vs. EU Member States Nationals

5.4.5.6 Double Criminality: Softening vs. Mandatory Requirement

5.4.5.7 Time Limits: Matter of Urgency vs. Months or Years

5.4.5.8 Grounds for Non-execution the Request: Limited vs. `Unlimited´

5.5 Implementation

5.5.1 Deadline for Implementation

5.5.2 Degree and Method of Implementation in the Member States

5.5.3 Special Issues

5.5.3.1 Definition of the Term `European Arrest Warrant´

5.5.3.2 Scope of Application

5.5.3.3 Content and Form of the European Arrest Warrant

5.5.3.4 Time Limits

5.5.3.5 Grounds for Non-execution the European Arrest Warrant

5.6 Evaluation

5.6.1 Evaluations by the European Commission

5.6.2 Evaluations by the Council of the European Union and Its Recommendations

5.6.3 Doctrinal Assessments

5.7 Concluding Observations

References

Chapter 6: Mutual Recognition of Custodial Sentences and Measures Involving Deprivation of Liberty

6.1 Introduction

6.2 Legal Basis: The Framework Decision 2008/909/JHA on the Mutual Recognition of Custodial Sentence

6.2.1 Objective

6.2.2 Related Legislation

6.2.3 Framework Decision Amendment

6.3 Definition, Scope of Application and Key Terms

6.4 Procedures

6.4.1 Principles

6.4.1.1 Mutual Recognition of Judicial Decisions

6.4.1.2 Mutual Trust Between Member States of the European Union

6.4.1.3 Direct Communication Between National Authorities of the Member States

6.4.1.4 Partial Removal of the Double Criminality Requirement

6.4.1.5 The Rule of Speciality

6.4.2 Transmission of a Decision on Custodial Sentence or Measure Involving Deprivation of Liberty t

6.4.2.1 Transmission of a Decision and Its Certificate

6.4.2.2 Languages

6.4.3 Recognition and Execution of a Decision on Custodial Sentence or Measure Involving Deprivation

6.4.3.1 Recognition of a Decision

6.4.3.2 Execution of a Decision

6.4.3.3 Enforcement of Sentences Following the European Arrest Warrant

6.4.3.4 Grounds for Non-recognition and Non-enforcement a Decision

6.4.3.5 Transfer of Sentenced Persons

6.5 Implementation

6.5.1 Obligation to Implement the Framework Decision 2008/909/JHA on the Mutual Recognition of Custo

6.5.2 Degree and Method of Implementation in the Member States

6.5.3 Special Issues

6.6 Evaluation

6.7 Concluding Observations

References

Chapter 7: Mutual Recognition of Probation Measures and Alternative Sanctions

7.1 Introduction

7.2 Legal Basis: The Framework Decision 2008/947/JHA on Mutual Recognition of Probation Measures and

7.2.1 Objective

7.2.2 Related Legislation

7.2.3 Framework Decision Amendment

7.3 Definition, Scope of Application and Key Terms

7.4 Procedures

7.4.1 Principles

7.4.1.1 Mutual Recognition of Judicial Decisions

7.4.1.2 Mutual Trust Between Member States of the European Union

7.4.1.3 Direct Communication Between National Authorities of the Member States

7.4.1.4 Partial Removal of the Double Criminality Requirement

7.4.2 Transmission of a Decision to the Other State

7.4.2.1 Transmission of a Decision and Its Certificate

7.4.2.2 Languages

7.4.2.3 Consequences of Transmission of a Decision and Its Certificate

7.4.3 Recognition and Execution of a Decision in the Executing State

7.4.3.1 Recognition of a Decision

7.4.3.2 Adaptation of the Supervision Measures

7.4.3.3 Execution of a Decision

7.4.3.4 Jurisdiction of the Executing State

7.4.3.5 Grounds for Non-recognition and Non-supervision a Decision

7.4.3.6 Further Communication Between Issuing and Executing State

7.5 Implementation

7.5.1 Obligation to Implement the Framework Decision 2008/947/JHA on Mutual Recognition of Probation

7.5.2 Degree and Method of Implementation in the Member States

7.6 Evaluation

7.7 Concluding Observations

References

Chapter 8: Mutual Recognition of Financial Penalties

8.1 Introduction

8.2 Legal Basis: The Framework Decision 2005/214/JHA on the Mutual Recognition of Financial Penaltie

8.2.1 Objective

8.2.2 Related Legislation

8.2.3 Framework Decision Amendment

8.3 Definition, Scope of Application and Key Terms

8.4 Procedures

8.4.1 Principles

8.4.1.1 Mutual Recognition of Judicial Decisions

8.4.1.2 Mutual Trust Between Member States of the European Union

8.4.1.3 Direct Communication Between National Authorities of the Member States

8.4.1.4 Partial Removal of the Double Criminality Requirement

8.4.2 Transmission of a Decision on Financial Penalty to the Other State

8.4.2.1 Transmission of a Decision and Its Certificate

8.4.2.2 Languages

8.4.2.3 Consequences of Transmission of a Decision and Its Certificate

8.4.3 Recognition and Execution of a Decision on Financial Penalty in the Executing State

8.4.3.1 Recognition of a Decision

8.4.3.2 Execution of a Decision

8.4.3.3 Impossibility to Enforce a Decision

8.4.3.4 Grounds for Non-recognition and Non-execution a Decision

8.4.3.5 Further Communication Between Issuing and Executing State

8.4.4 Accrual of Monies Obtained from Enforcement of Decisions

8.5 Implementation

8.5.1 Obligation to Implement the Framework Decision 2005/214/JHA on the Mutual Recognition of Finan

8.5.2 Degree and Method of Implementation in the Member States

8.6 Evaluation

8.7 Concluding Observations

References

Chapter 9: Mutual Recognition of Confiscation Orders

9.1 Introduction

9.2 Legal Basis: The Framework Decision 2006/783/JHA on the Mutual Recognition of Confiscation Order

9.2.1 Objective

9.2.2 Related Legislation

9.2.3 Framework Decision Amendment

9.3 Definition, Scope of Application and Key Terms

9.4 Procedures

9.4.1 Principles

9.4.1.1 Mutual Recognition of Judicial Decisions

9.4.1.2 Mutual Trust Between Member States of the European Union

9.4.1.3 Direct Communication Between National Authorities of the Member States

9.4.1.4 Partial Removal of the Double Criminality Requirement

9.4.2 Transmission of a Confiscation Order

9.4.2.1 Transmission of a Decision and Its Certificate

9.4.2.2 Languages

9.4.2.3 Consequences of Transmission of a Confiscation Order

9.4.3 Recognition and Execution of a Confiscation Order in the Executing State

9.4.3.1 Recognition of a Decision

9.4.3.2 Execution of a Decision

9.4.3.3 Grounds for Non-recognition and Non-execution a Decision

9.4.3.4 Further Communication Between Issuing and Executing State

9.4.4 Disposal of Confiscated Property

9.5 Implementation

9.5.1 Obligation to Implement the Framework Decision 2006/783/JHA on the Mutual Recognition of Confi

9.5.2 Degree and Method of Implementation in the Member States

9.5.3 Special Issues

9.6 Concluding Observations

References

Chapter 10: European Supervision Order in Pre-trial Procedures (Mutual Recognition of Supervision Me

10.1 Introduction

10.2 Legal Basis: The Framework Decision 2009/829/JHA on the European Supervision Order

10.2.1 Objectives

10.2.2 Related Legislation

10.3 Definition, Scope of Application and Key Terms

10.4 Procedures

10.4.1 Principles

10.4.1.1 Mutual Recognition of Judicial Decisions

10.4.1.2 Mutual Trust Between Member States of the European Union

10.4.1.3 Direct Communication Between National Authorities of the Member States

10.4.1.4 Partial Removal of the Double Criminality Requirement

10.4.2 Transmission of a Decision on Supervision Measures to the Other State

10.4.2.1 Transmission of a Decision and Its Certificate

10.4.2.2 Language

10.4.2.3 Competence of the Issuing State to Take All Subsequent Decisions

10.4.3 Recognition and Execution of a Decision on Supervision Measures in the Executing State

10.4.3.1 Recognition of a Decision

10.4.3.2 Adaptation of the Supervision Measures

10.4.3.3 Execution of a Decision

10.4.3.4 Grounds for Non-recognition a Decision

10.4.4 Monitoring of the Supervision Measures

10.5 Implementation

10.5.1 Obligation to Implement the Framework Decision 2009/829/JHA on the European Supervision Order

10.5.2 Special Issues

10.6 Evaluation

10.7 Concluding Observations

References

Chapter 11: European Investigation Order (Free Movement of Evidence)

11.1 Introduction

11.2 Legal Basis: The Directive 2014/41/EU on the European Investigation Order

11.2.1 Objective

11.2.2 Related Legislation

11.3 Definition, Scope of Application and Key Terms

11.4 Procedures

11.4.1 Principles

11.4.1.1 Mutual Recognition of Judicial Decisions

11.4.1.2 Mutual Trust Between Member States of the European Union

11.4.1.3 Direct Communication Between National Authorities of the Member States

11.4.1.4 Partial Removal of the Double Criminality Requirement

11.4.2 Issuing and Transmission of a European Investigation Order to the Other State

11.4.2.1 Issuing

11.4.2.2 Transmission

11.4.2.3 Languages

11.4.3 Recognition and Execution of a European Investigation Order

11.4.3.1 Recognition

11.4.3.2 Execution

11.4.3.3 Transfer of Evidence

11.4.3.4 Recourse to a Different Type of Investigative Measure

11.4.3.5 Grounds for Non-recognition and Non-execution a Decision

11.4.3.6 Further Communication Between Issuing and Executing State

11.4.4 Specific Rules for Hearing

11.5 Implementation

11.6 Concluding Observations

References

Chapter 12: European Protection Order (Mutual Recognition of Protection Orders)

12.1 Introduction

12.2 Legal Basis: The Directive 2011/99/EU on the European Protection Order

12.2.1 Objective

12.2.2 Related Legislation

12.3 Definition, Scope of Application and Key Terms

12.3.1 `European Protection Order in Criminal Matters´

12.3.2 `European Protection Order in Criminal Matters´ Versus `European Protection Order in Civil M

12.4 Procedures

12.4.1 Principles

12.4.1.1 Mutual Recognition of Judicial Decisions

12.4.1.2 Mutual Trust Between Member States of the European Union

12.4.1.3 Direct Communication Between National Authorities of the Member States

12.4.2 Issuing the European Protection Order

12.4.2.1 Conditions and Request for the Issuing

12.4.2.2 Form and Content

12.4.2.3 Transmission

12.4.2.4 Languages

12.4.2.5 Competence in the Issuing State

12.4.3 Recognition and Execution of the European Protection Order

12.4.3.1 Recognition

12.4.3.2 Time Limits

12.4.3.3 Grounds for Non-recognition

12.4.3.4 Breach of the Measure(s) Taken by the Executing State Following the Recognition of the Euro

12.4.3.5 Grounds for Discontinuation of Measures Taken on the Basis of the European Protection Order

12.5 Implementation

12.6 Evaluation

12.7 Concluding Observations

References

Part III: Special Issues

Chapter 13: Mutual Recognition Offences

13.1 List of 32 Mutual Recognition Offences

13.2 Offences Harmonised at the European Union Level

13.2.1 Participation in a Criminal Organisation

13.2.2 Trafficking in Human Beings

13.2.3 Sexual Exploitation of Children and Child Pornography

13.2.4 Illicit Trafficking in Narcotic Drugs and Psychotropic Substances

13.2.5 Laundering of the Proceeds of Crime

13.2.6 Counterfeiting Currency, Including of the Euro

13.2.7 Fraud Affecting the Financial Interests of the European Union

13.2.8 Forgery of Means of Payment

13.2.9 Computer-Related Crime

13.2.10 Racism and Xenophobia

13.2.11 Environmental Crime

13.2.12 Terrorism

13.2.13 Corruption

13.3 Special Issues

13.3.1 Support by the Court of Justice of the European Union: Case C-303/05-Advocaten voor de Wereld

13.3.2 Mutual Recognition Offences and Criminal Liability of Legal Persons

13.3.2.1 Legal Framework

13.3.2.2 Penalties/Sanctions for Legal Persons

13.4 Concluding Observations

References

Chapter 14: Units Facilitating and Co-ordinating the Mutual Recognition

14.1 Eurojust (European Union´s Judicial Co-operation Unit)

14.1.1 A Brief Overview

14.1.2 Involving in European Arrest Warrant Proceedings

14.1.3 Involving in European Investigation Order Proceedings

14.1.4 Involving in European Protection Order Proceedings

14.2 European Judicial Network

14.2.1 A Brief Overview

14.2.2 Involving in Proceedings

14.3 Europol (European Police Office)

14.3.1 A Brief Overview

14.3.2 Involving in European Arrest Warrant Proceedings

14.4 Interpol

14.4.1 A Brief Overview

14.4.2 Involving in European Arrest Warrant Proceedings

14.5 Concluding Observations

References

Chapter 15: Strengthening Procedural Rights in Criminal Proceedings as a Consequence of Mutual Recog

15.1 Acceptance of Procedural Rights at the European Union Level

15.2 The Need for Strengthening Procedural Rights

15.3 Roadmap for Strengthening Procedural Rights in Criminal Proceedings

15.4 The Right to Interpretation and Translation

15.4.1 Legal Framework

15.4.1.1 Council of Europe: The Convention for the Protection of Human Rights and Fundamental Freedo

15.4.1.2 United Nations: The International Covenant on Civil and Political Rights (International Cov

15.4.1.3 European Union: The Directive 2010/64/EU on the Right to Interpretation and Translation in

15.4.2 The Right to Interpretation

15.4.3 The Right to Translation (of Essential Documents)

15.4.4 Court of Justice of the European Union Case of Gavril Covaci

15.5 The Right to Information

15.5.1 Legal Framework

15.5.1.1 Council of Europe: The Convention for the Protection of Human Rights and Fundamental Freedo

15.5.1.2 United Nations: The International Covenant on Civil and Political Rights (International Cov

15.5.1.3 European Union: The Directive 2012/13/EU on the Right to Information in Criminal Proceeding

15.5.2 The Right to Information About Rights

15.5.3 The Right to Information About the Accusation

15.5.4 The Right of Access to the Materials of the Case

15.5.5 Letter of Rights on Arrest

15.5.6 Letter of Rights in European Arrest Warrant Proceedings

15.5.7 Court of Justice of the European Union Case of Gavril Covaci

15.6 The Right of Access to a Lawyer (and Related Rights)

15.6.1 Legal Framework

15.6.1.1 Council of Europe: The Convention for the Protection of Human Rights and Fundamental Freedo

15.6.1.2 United Nations: The International Covenant on Civil and Political Rights (International Cov

15.6.1.3 European Union: The Directive 2013/48/EU on the Right of Access to a Lawyer and on Other Ri

15.6.2 The Right of Access to a Lawyer in Criminal Proceedings

15.6.3 The Right to Have a Third Person Informed of the Deprivation of Liberty

15.6.4 The Right to Communicate with Consular Authorities

15.6.5 The Right of Access to a Lawyer in European Arrest Warrant Proceedings

15.7 Presumption of Innocence (and the Right To Be Present at Trial)

15.7.1 Legal Framework

15.7.1.1 Council of Europe: The Convention for the Protection of Human Rights and Fundamental Freedo

15.7.1.2 United Nations: The International Covenant on Civil and Political Rights (International Cov

15.7.1.3 European Union: The Directive (EU) 2016/343 on the Presumption of Innocence in Criminal Pro

15.7.2 “Strengthening´´ the Rights

15.7.2.1 The Right to Remain Silent and Right Not to Incriminate Oneself

15.7.2.2 The Right To Be Present at the Trial

15.7.2.3 The Right to a New Trial

15.7.2.4 Remedies

15.8 Procedural Safeguards for Children

15.8.1 Legal Framework

15.8.2 The Right to Information

15.8.3 The Right of the Child to Have the Holder of Parental Responsibility Informed

15.8.4 Assistance by a Lawyer

15.8.5 Right to an Individual Assessment

15.8.6 Right to a Medical Examination

15.8.7 Right to a Specific Treatment in the Case of Deprivation of Liberty

15.8.8 Right to Protection of Privacy

15.8.9 Right of the Child To Be Accompanied by the Holder of Parental Responsibility During the Proc

15.8.10 Right of Children to Appear in Person at, and Participate in, Their Trial

15.9 Concluding Observations

References

Part IV: Final Evaluation

Chapter 16: Implementation of Mutual Recognition Legislative Instruments

16.1 Introduction

16.2 Framework Decision 2002/584/JHA on the European Arrest Warrant

16.3 Framework Decision 2008/909/JHA on the Mutual Recognition of Custodial Sentences and Deprivatio

16.4 Framework Decision 2008/947/JHA on Mutual Recognition of Probation Measures and Alternative San

16.5 Framework Decision 2005/214/JHA on the Mutual Recognition of Financial Penalties

16.6 Framework Decision 2006/783/JHA on the Mutual Recognition of Confiscation Orders

16.7 Framework Decision 2009/829/JHA on the European Supervision Order

16.8 Directive 2014/41/EU on the European Investigation Order

16.9 Directive 2011/99/EU on the European Protection Order

References

Chapter 17: Evaluation of Mutual Recognition Measures

17.1 Introduction

17.2 European Arrest Warrant

17.3 Mutual Recognition of Custodial Sentences or Measures Involving Deprivation of Liberty

17.4 Mutual Recognition of Probation Measures and Alternative Sanctions

17.5 Mutual Recognition of Financial Penalties

17.6 European Supervision Order in Pre-trial Procedures (Mutual Recognition of Supervision Measures

17.7 European Protection Order (Mutual Recognition of Protection Orders)