Criminal proceedings — Presumption of innocence and the right to be present at the trial

SUMMARY OF:

Directive (EU) 2016/343 — strengthening certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings

WHAT IS THE AIM OF THE DIRECTIVE?

It aims to guarantee:

the presumption of innocence of anyone accused or suspected of a crime by the police or justice authorities;
the right of an accused person to be present at their criminal trial.

KEY POINTS

Scope

The directive applies to any individual (natural person) suspected or accused in criminal proceedings.
It applies at all stages of the criminal proceedings, from the moment a person is suspected or accused of having committed a criminal offence to the final verdict.

Rights

The directive sets out fundamental rights of an accused or suspected person in a criminal proceeding:

innocentuntil proven guilty
- EU countries must take steps to ensure that public statements by public authorities and judicial decisions (other than those on guilt) do not refer to the person as being guilty
- EU countries must also take steps to ensure that suspected or accused persons are not presented as being guilty in court or in public by physically restraining them;
burden of proof on the prosecution;
right to remain silent and not to incriminate oneself;
right to be present at one’s own trial — a trial can be held in the absence of a suspected or accused person when one of these conditions is met
- the person has been informed in due time of the trial and of the consequences of non-appearance
- the person is represented by a mandated lawyer who they themselves were appointed by the state.

Remedies

EU countries must ensure that effective remedies are in place for breaches of these rights.
Where the right to silence or the right not to incriminate oneself has been breached, EU countries must ensure that the rights of the defence and the fairness of the proceedings are taken into account when assessing the statements concerned.
Where a suspected or accused person was not present at their trial and the above conditions were not met, they have the right to a new trial or to another legal remedy that allows the merits of the case to be determined anew (including the presentation of new evidence).

FROM WHEN DOES THE DIRECTIVE APPLY?

It applies from 31 March 2016. EU countries have to incorporate it into national law by 1 April 2018.

BACKGROUND

Directive (EU) 2016/343 is the fourth in a series of measures to establish minimum rules for procedural rights across the EU in accordance with a 2009 roadmap. It follows rules on the rights to interpretation and translation, to information, and to access to a lawyer.
Two further directives set out special rights for children in criminal proceedings and to legal aid in criminal proceedings.
For more information, see:
- European Commission press release ‘Right to a fair trial: new rules to guarantee presumption of innocence’
- ‘Rights of suspects and accused’ on the European Commission's website.

MAIN DOCUMENT

Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ L 65, 11.3.2016, pp. 1-11)