ECJ: National Prohibitions to Examine Violations of the Duty to Inform Suspects of their Right to Remain Silent Possible
EU law does not preclude national legislation which prohibits the trial court in a criminal case from raising its own motion, a breach of the obligation imposed on the competent authorities to inform suspects or accused persons promptly of their right to remain silent with a view to the annulment of the procedure. However, those suspects or accused persons must not have been deprived of a practical and effective opportunity to have access to a lawyer.
Published 2 years, 7 months ago