About the project
Question
How are the requirements of EU Directive 2016/1919 on access to free legal aid for persons suspected or accused of a criminal offense but not yet convicted or subject to an EU arrest warrant ensured during their detention in the European Union Member States participating in the project (Belgium, Bulgaria, France, Germany, Italy, Netherlands, Poland, Spain)? What amendments need to be made to the Directive to make it effective in terms of access, in particular to free legal assistance concerning the execution of such detention?
Content
With regard to the situation in Germany, there is the instrument of necessary defense according to § 140 StPO, which since 2010 must be applied from the first day of pre-trial detention or temporary placement in psychiatry or a detention facility. A literature review and expert interviews should be conducted to investigate whether there is effective access to free legal support, particularly in matters relating to pre-trial detention, in accordance with the pre-trial detention laws of the federal states, whereby police custody prior to a judicial decision in criminal proceedings should also be included in the analysis.
The project is being carried out as part of the Prison Litigation Network: http://www.prisonlitigation.org(Opens in a new tab)
Sponsor
https://europa.eu/european-union/index_de
Cooperation/project partners
- UNIVERSITÉ DE STRASBOURG, Laboratory SAGE (Societies, Actors and Governance in Europe), Social Science Research Laboratory of the University of Strasbourg (project coordination)
- RÉSEAU EUROPÉEN DE RECHERCHE ET D'ACTION EN CONTENTIEUX
- PÉNITENTIAIRE (RCP), Prison Litigation Network (PLT), Paris
- UNIVERSITA DEGLI STUDI DI FIRENZE, Faculty of Law of the University of Florence
- BULGARIAN HELSINKI COMMITTEE, Human Rights Organization, Sofia
- UNIVERSITEIT UTRECHT, Willem Pompe Institute for Criminal Law and Criminology of the Faculty of Law at the University of Utrecht
- UNIVERSITEIT GENT, Institute for International Research on
- Criminal Policy (IRCP) of the Faculty of Law and Criminology at the University of Ghent
- UNIVERSIDAD PONTIFICIA COMILLAS Faculty of Sociology and Social Work of the Pontifical University of Comillas
- ABOGACÍA ESPAÑOLA - DELEGACIÓN EN BRUSELAS Representation of the Spanish Bar Association in Brussels
- HELSINSKA FUNDACJA PRAW CZLOWIEKA, Human Rights Organization Helsinki Foundation Warsaw
