HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
1.6.2012 Official
Journal
of
the
European
Union L
142/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/13/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 22 May 2012
on the right to information in criminal proceedings
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
is ‘designed to strengthen cooperation between Member
EUROPEAN UNION,
States but also to enhance the protection of individual
rights’.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 82(2) thereof,
(3)
The implementation of the principle of mutual recog
nition of decisions in criminal matters presupposes that
Having regard to the proposal from the European Commission,
Member States trust in each other’s criminal justice
systems. The extent of mutual recognition is very much
dependent on a number of parameters, which include
After transmission of the draft legislative act to the national
mechanisms for safeguarding the rights of suspects or
parliaments,
accused persons and common minimum standards
necessary to facilitate the application of the principle of
mutual recognition.
Having regard to the opinion of the European Economic and

Social Committee ( 1 ),
(4) Mutual
recognition
of
decisions
in
criminal
matters
can
After consulting the Committee of the Regions,
operate effectively only in a spirit of trust in which not
only judicial authorities but all actors in the criminal
process consider decisions of the judicial authorities of
Acting in accordance with the ordinary legislative procedure ( 2 ),
other Member States as equivalent to their own, implying
not only trust in the adequacy of other Member States’
Whereas:
rules, but also trust that those rules are correctly applied.

(1)
The Union has set itself the objective of maintaining and
(5)
Article 47 of the Charter of Fundamental Rights of the
developing an area of freedom, security and justice.
European Union (hereinafter ‘the Charter’) and Article 6
According to the Presidency Conclusions of the
of the European Convention for the Protection of Human
European Council in Tampere of 15 and 16 October
Rights and Fundamental Freedoms (hereinafter ‘the
1999, and in particular point 33 thereof, the principle
ECHR’) enshrine the right to a fair trial. Article 48(2)
of mutual recognition of judgments and other decisions
of the Charter guarantees respect for the rights of the
of judicial authorities should become the cornerstone of
defence.
judicial cooperation in both civil and criminal matters
within the Union because enhanced mutual recognition
and the necessary approximation of legislation would
(6)
Article 6 of the Charter and Article 5 ECHR enshrine the
facilitate cooperation between competent authorities
right to liberty and security of person. Any restrictions
and the judicial protection of individual rights.
on that right must not exceed those permitted in

accordance with Article 5 ECHR and inferred from the
case-law of the European Court of Human Rights.
(2) On
29
November
2000,
the
Council,
in
accordance
with
the Tampere conclusions, adopted a programme of
measures to implement the principle of mutual recog
(7)
Although all the Member States are party to the ECHR,
nition of decisions in criminal matters (
experience has shown that that alone does not always

3 ). The intro
duction to the programme states that mutual recognition
provide a sufficient degree of trust in the criminal justice
systems of other Member States.
( 1 ) OJ C 54, 19.2.2011, p. 48.
( 2 ) Position of the European Parliament of 13 December 2011 (not yet
(8) Strengthening
mutual
trust
requires
detailed
rules
on
the
published in the Official Journal) and decision of the Council of
26 April 2012.
protection of the procedural rights and guarantees arising
( 3 ) OJ C 12, 15.1.2001, p. 10.
from the Charter and from the ECHR.

---

L 142/2
EN
Official Journal of the European Union
1.6.2012
(9)
Article 82(2) of the Treaty on the Functioning of the
Directive builds on the rights laid down in the Charter,
European Union provides for the establishment of
and in particular Articles 6, 47 and 48 thereof, by
minimum rules applicable in the Member States so as
building upon Articles 5 and 6 ECHR as interpreted by
to facilitate mutual recognition of judgments and
the European Court of Human Rights. In this Directive,
judicial decisions and police and judicial cooperation in
the term ‘accusation’ is used to describe the same concept
criminal matters having a cross-border dimension. That
as the term ‘charge’ used in Article 6(1) ECHR.
Article refers to ‘the rights of individuals in criminal
procedure’ as one of the areas in which minimum rules
may be established.
(15) In its Communication of 20 April 2010 entitled
‘Delivering an area of freedom, security and justice for
Europe’s citizens — Action Plan Implementing the
(10) Common minimum rules should lead to increased
Stockholm Programme’, the Commission announced
confidence in the criminal justice systems of all
that it would present a proposal on the right to
Member States, which, in turn, should lead to more
information on rights and information about charges in
efficient judicial cooperation in a climate of mutual
2010.
trust. Such common minimum rules should be estab
lished in the field of information in criminal proceedings.
(16) This
Directive
should
apply
to
suspects
and
accused
(11) On 30 November 2009, the Council adopted a
persons regardless of their legal status, citizenship or
resolution on a Roadmap for strengthening procedural
nationality.
rights of suspected or accused persons in criminal
proceedings ( 1 ) (hereinafter ‘the Roadmap’). Taking a
step-by-step approach, the Roadmap called for the
(17) In
some
Member
States
an
authority
other
than
a
court
adoption of measures regarding the right to translation
having jurisdiction in criminal matters has competence
and interpretation (measure A), the right to information
for imposing sanctions in relation to relatively minor
on rights and information about the charges (measure B),
offences. That may be the case, for example, in relation
the right to legal advice and legal aid (measure C), the
to traffic offences which are committed on a large scale
right to communication with relatives, employers and
and which might be established following a traffic
consular authorities (measure D), and special safeguards
control. In such situations, it would be unreasonable to
for suspects or accused persons who are vulnerable
require that the competent authority ensure all the rights
(measure E). The Roadmap emphasises that the order
under this Directive. Where the law of a Member State
of the rights is only indicative and thus implies that it
provides for the imposition of a sanction regarding
may be changed in accordance with priorities. The
minor offences by such an authority and there is either
Roadmap is designed to operate as a whole; only when
a right of appeal or the possibility for the case to be
all its component parts have been implemented will its
otherwise referred to a court having jurisdiction in
benefits be felt in full.
criminal matters, this Directive should therefore apply
only to the proceedings before that court following
such an appeal or referral.
(12) On
11
December
2009,
the
European
Council
welcomed
the Roadmap and made it part of the Stockholm
Programme — An open and secure Europe serving and
(18) The
right
to
information
about
procedural
rights,
which
protecting citizens ( 2 ) (point 2.4). The European Council
is inferred from the case-law of the European Court of
underlined the non-exhaustive character of the Roadmap,
Human Rights, should be explicitly established by this
by inviting the Commission to examine further elements
Directive.
of minimum procedural rights for suspects and accused
persons, and to assess whether other issues, for instance
the presumption of innocence, need to be addressed, in
(19) The
competent
authorities
should
inform
suspects
or
order to promote better cooperation in that area.
accused persons promptly of those rights, as they apply
under national law, which are essential to safeguarding
the fairness of the proceedings, either orally or in writing,
(13) The
first
measure
adopted
pursuant
to
the
Roadmap,
measure A, was Directive 2010/64/EU of the European
as provided for by this Directive. In order to allow the
Parliament and of the Council of 20 October 2010 on
practical and effective exercise of those rights, the
the right to interpretation and translation in criminal
information should be provided promptly in the course
proceedings (
of the proceedings and at the latest before the first

3 ).
official interview of the suspect or accused person by
the police or by another competent authority.
(14) This
Directive
relates
to
measure
B
of
the
Roadmap.
It
lays down common minimum standards to be applied in
the field of information about rights and about the
(20) This
Directive
lays
down
minimum
rules
with
respect
to
accusation to be given to persons suspected or accused
the information on rights of suspects or accused persons.
of having committed a criminal offence, with a view to
This is without prejudice to information to be given on
enhancing mutual trust among Member States. This
other procedural rights arising out of the Charter, the
ECHR, national law and applicable Union law as inter
preted by the relevant courts and tribunals. Once the
( 1 ) OJ C 295, 4.12.2009, p. 1.
( 2 ) OJ C 115, 4.5.2010, p. 1.
information about a particular right has been provided,
( 3 ) OJ L 280, 26.10.2010, p. 1.
the competent authorities should not be required to

---

EN
1.6.2012 Official
Journal
of
the
European
Union L
142/3
reiterate it, unless the specific circumstances of the case
necessary to enable them to prepare their defence and
or the specific rules laid down in national law so require.
to safeguard the fairness of the proceedings.
(21) References in this Directive to suspects or accused
(28) The
information
provided
to
suspects
or
accused
persons
persons who are arrested or detained should be
about the criminal act they are suspected or accused of
understood to refer to any situation where, in the
having committed should be given promptly, and at the
course of criminal proceedings, suspects or accused
latest before their first official interview by the police or
persons are deprived of liberty within the meaning of
another competent authority, and without prejudicing
Article 5(1)(c) ECHR, as interpreted by the case-law of
the course of ongoing investigations. A description of
the European Court of Human Rights.
the facts, including, where known, time and place,
relating to the criminal act that the persons are
suspected or accused of having committed and the
(22) Where suspects or accused persons are arrested or
possible legal classification of the alleged offence should
detained, information about applicable procedural rights
be given in sufficient detail, taking into account the stage
should be given by means of a written Letter of Rights
of the criminal proceedings when such a description is
drafted in an easily comprehensible manner so as to
given, to safeguard the fairness of the proceedings and
assist those persons in understanding their rights. Such
allow for an effective exercise of the rights of the defence.
a Letter of Rights should be provided promptly to each
arrested person when deprived of liberty by the inter
vention of law enforcement authorities in the context
(29) Where,
in
the
course
of
the
criminal
proceedings,
the
of criminal proceedings. It should include basic
details of the accusation change to the extent that the
information concerning any possibility to challenge the
position of suspects or accused persons is substantially
lawfulness of the arrest, obtaining a review of the
affected, this should be communicated to them where
detention, or requesting provisional release where, and
necessary to safeguard the fairness of the proceedings
to the extent that, such a right exists in national law.
and in due time to allow for an effective exercise of
To help Member States draw up such a Letter of Rights, a
the rights of the defence.
model is provided in Annex I. That model is indicative
and may be subject to review in the context of the
Commission’s report on the implementation of this
Directive and also once all the Roadmap measures have
(30) Documents
and,
where
appropriate,
photographs,
audio
and video recordings, which are essential to challenging
entered into force. The Letter of Rights may include other
effectively the lawfulness of an arrest or detention of
relevant procedural rights that apply in Member States.
suspects or accused persons in accordance with
national law, should be made available to suspects or
accused persons or to their lawyers at the latest before
(23) Specific
conditions
and
rules
relating
to
the
right
of
suspects or accused persons to have another person
a competent judicial authority is called to decide upon
informed about their arrest or detention are to be
the lawfulness of the arrest or detention in accordance
determined by the Member States in their national law.
with Article 5(4) ECHR, and in due time to allow the
As set out in the Roadmap, the exercise of that right
effective exercise of the right to challenge the lawfulness
should not prejudice the due course of the criminal
of the arrest or detention.
proceedings.
(31) For
the
purpose
of
this
Directive,
access
to
the
material
(24) This Directive is without prejudice to the provisions of
evidence, as defined in national law, whether for or
national law concerning safety of persons remaining in
against the suspect or accused person, which is in the
detention facilities.
possession of the competent authorities in relation to the
specific criminal case, should include access to materials
such as documents, and where appropriate photographs
(25) Member States should ensure that, when providing
and audio and video recordings. Such materials may be
information in accordance with this Directive, suspects
contained in a case file or otherwise held by competent
or accused persons are provided, where necessary, with
authorities in any appropriate way in accordance with
translations or interpretation into a language that they
national law.
understand, in accordance with the standards set out in
Directive 2010/64/EU.
(32) Access to the material evidence in the possession of the
competent authorities, whether for or against the suspect
(26) When providing suspects or accused persons with
or accused person, as provided for under this Directive,
information in accordance with this Directive,
may be refused, in accordance with national law, where
competent authorities should pay particular attention to
such access may lead to a serious threat to the life or
persons who cannot understand the content or meaning
fundamental rights of another person or where refusal of
of the information, for example because of their youth or
such access is strictly necessary to safeguard an important
their mental or physical condition.
public interest. Any refusal of such access must be
weighed against the rights of the defence of the suspect
or accused person, taking into account the different
(27) Persons
accused
of
having
committed
a
criminal
offence
stages of the criminal proceedings. Restrictions on such
should be given all the information on the accusation
access should be interpreted strictly and in accordance

---

L 142/4
EN
Official Journal of the European Union
1.6.2012
with the principle of the right to a fair trial under the
Framework Decision 2002/584/JHA of 13 June 2002 on
ECHR and as interpreted by the case-law of the European
the European arrest warrant and the surrender
Court of Human Rights.
procedures between Member States ( 1 ). To help Member
States draw up a Letter of Rights for such persons, a
model is provided in Annex II. That model is indicative
and may be subject to review in the context of
(33) The
right
of
access
to
the
materials
of
a
case
should
be
without prejudice to the provisions of national law on
the Commission’s report on implementation of this
the protection of personal data and the whereabouts of
Directive and also once all the Roadmap measures have
protected witnesses.
come into force.

(40) This
Directive
sets
minimum
rules.
Member
States
may
(34) Access
to
the
materials
of
the
case,
as
provided
for
by
extend the rights set out in this Directive in order to
this Directive, should be provided free of charge, without
provide a higher level of protection also in situations
prejudice to provisions of national law providing for fees
not explicitly dealt with in this Directive. The level of
to be paid for documents to be copied from the case file
protection should never fall below the standards
or for sending materials to the persons concerned or to
provided by the ECHR as interpreted in the case-law of
their lawyer.
the European Court of Human Rights.
(35) Where
information
is
provided
in
accordance
with
this
(41) This
Directive
respects
fundamental
rights
and
observes
Directive, the competent authorities should take note of
the principles recognised by the Charter. In particular,
this in accordance with existing recording procedures
this Directive seeks to promote the right to liberty, the
under national law and should not be subject to any
right to a fair trial and the rights of the defence. It should
additional obligation to introduce new mechanisms or
be implemented accordingly.
to any additional administrative burden.
(42) The
provisions
of
this
Directive
that
correspond
to
rights
(36) Suspects or accused persons or their lawyers should have
guaranteed by the ECHR should be interpreted and
the right to challenge, in accordance with national law,
implemented consistently with those rights, as inter
the possible failure or refusal of the competent auth
preted in the case-law of the European Court of
orities to provide information or to disclose certain
Human Rights.
materials of the case in accordance with this Directive.
That right does not entail the obligation for Member
States to provide for a specific appeal procedure, a
(43) Since
the
objective
of
this
Directive,
namely
establishing
separate mechanism, or a complaint procedure in
common minimum standards relating to the right to
which such failure or refusal may be challenged.
information in criminal proceedings, cannot be
achieved by Member States acting unilaterally, at
national, regional or local level, and can therefore, by
reason of its scale and effects, be better achieved at
(37) Without prejudice to judicial independence and to
Union level, the Union may adopt measures in
differences in the organisation of the judiciary across
accordance with the principle of subsidiarity as set out
the Union, Member States should provide or encourage
in Article 5 of the Treaty on European Union. In
the provision of adequate training with respect to the
accordance with the principle of proportionality, as set
objectives of this Directive to the relevant officials in
out in that Article, this Directive does not go beyond
Member States.
what is necessary in order to achieve that objective.
(38) Member
States
should
undertake
all
the
necessary
action
(44) In
accordance
with
Article
3
of
the
Protocol
(No
21)
on
to comply with this Directive. A practical and effective
the position of the United Kingdom and Ireland in
implementation of some of the provisions such as the
respect of the Area of Freedom, Security and Justice,
obligation to provide suspects or accused persons with
annexed to the Treaty on European Union and to the
information about their rights in simple and accessible
Treaty on the Functioning of the European Union, those
language could be achieved by different means including
Member States have notified their wish to take part in
non-legislative measures such as appropriate training for
the adoption and application of this Directive.
the competent authorities or by a Letter of Rights drafted
in simple and non-technical language so as to be easily
understood by a lay person without any knowledge of
(45) In accordance with Articles 1 and 2 of the Protocol (No
criminal procedural law.
22) on the position of Denmark, annexed to the Treaty
on European Union and to the Treaty on the Functioning
of the European Union, Denmark is not taking part in
(39) The
right
to
written
information
about
rights
on
arrest
the adoption of this Directive and is not bound by it or
provided for in this Directive should also apply, mutatis
subject to its application,
mutandis, to persons arrested for the purpose of the
execution of a European Arrest Warrant under Council
( 1 ) OJ L 190, 18.7.2002, p. 1.

---

EN
1.6.2012 Official
Journal
of
the
European
Union L
142/5
HAVE ADOPTED THIS DIRECTIVE:
with a written Letter of Rights. They shall be given an oppor
tunity to read the Letter of Rights and shall be allowed to keep
Article 1
it in their possession throughout the time that they are deprived
of liberty.
Subject matter
This Directive lays down rules concerning the right to
2. In addition to the information set out in Article 3, the
information of suspects or accused persons, relating to their
Letter of Rights referred to in paragraph 1 of this Article shall
rights in criminal proceedings and to the accusation against
contain information about the following rights as they apply
them. It also lays down rules concerning the right to
under national law:
information of persons subject to a European Arrest Warrant
relating to their rights.
(a) the right of access to the materials of the case;
Article 2
(b) the right to have consular authorities and one person
Scope
informed;
1. This
Directive
applies
from
the
time
persons
are
made
aware by the competent authorities of a Member State that
(c) the right of access to urgent medical assistance; and
they are suspected or accused of having committed a criminal
offence until the conclusion of the proceedings, which is
(d) the maximum number of hours or days suspects or accused
understood to mean the final determination of the question
persons may be deprived of liberty before being brought
whether the suspect or accused person has committed the
before a judicial authority.
criminal offence, including, where applicable, sentencing and
the resolution of any appeal.
3. The
Letter
of
Rights
shall
also
contain
basic
information
2. Where the law of a Member State provides for the
about any possibility, under national law, of challenging the
imposition of a sanction regarding minor offences by an
lawfulness of the arrest; obtaining a review of the detention;
authority other than a court having jurisdiction in criminal
or making a request for provisional release.
matters, and the imposition of such a sanction may be
appealed to such a court, this Directive shall apply only to
4. The
Letter
of
Rights
shall
be
drafted
in
simple
and
the proceedings before that court, following such an appeal.
accessible language. An indicative model Letter of Rights is
set out in Annex I.
Article 3
Right to information about rights
5. Member
States
shall
ensure
that
suspects
or
accused
persons receive the Letter of Rights written in a language that
1. Member
States
shall
ensure
that
suspects
or
accused they understand. Where a Letter of Rights is not available in the
persons are provided promptly with information concerning
appropriate language, suspects or accused persons shall be
at least the following procedural rights, as they apply under
informed of their rights orally in a language that they under
national law, in order to allow for those rights to be
stand. A Letter of Rights in a language that they understand
exercised effectively:
shall then be given to them without undue delay.
(a) the right of access to a lawyer;
Article 5
(b) any entitlement to free legal advice and the conditions for
Letter of Rights in European Arrest Warrant proceedings
obtaining such advice;
1. Member
States
shall
ensure
that
persons
who
are
arrested
for the purpose of the execution of a European Arrest Warrant
(c) the right to be informed of the accusation, in accordance
are provided promptly with an appropriate Letter of Rights
with Article 6;
containing information on their rights according to the law
implementing Framework Decision 2002/584/JHA in the
(d) the right to interpretation and translation;
executing Member State.
(e) the right to remain silent.
2. The
Letter
of
Rights
shall
be
drafted
in
simple
and
accessible language. An indicative model Letter of Rights is
2. Member States shall ensure that the information provided
set out in Annex II.
for under paragraph 1 shall be given orally or in writing, in
simple and accessible language, taking into account any
Article 6
particular needs of vulnerable suspects or vulnerable accused
persons.
Right to information about the accusation
1. Member
States
shall
ensure
that
suspects
or
accused
Article 4
persons are provided with information about the criminal act
Letter of Rights on arrest
they are suspected or accused of having committed. That
information shall be provided promptly and in such detail as
1. Member
States
shall
ensure
that
suspects
or
accused is necessary to safeguard the fairness of the proceedings and the
persons who are arrested or detained are provided promptly
effective exercise of the rights of the defence.

---

L 142/6
EN
Official Journal of the European Union
1.6.2012
2. Member
States
shall
ensure
that
suspects
or
accused Articles 3 to 6 this is noted using the recording procedure
persons who are arrested or detained are informed of the
specified in the law of the Member State concerned.
reasons for their arrest or detention, including the criminal
act they are suspected or accused of having committed.
2. Member
States
shall
ensure
that
suspects
or
accused
3. Member States shall ensure that, at the latest on
persons or their lawyers have the right to challenge, in
submission of the merits of the accusation to a court, detailed
accordance with procedures in national law, the possible
information is provided on the accusation, including the nature
failure or refusal of the competent authorities to provide
and legal classification of the criminal offence, as well as the
information in accordance with this Directive.
nature of participation by the accused person.
Article 9
4. Member
States
shall
ensure
that
suspects
or
accused
persons are informed promptly of any changes in the
Training
information given in accordance with this Article where this
Without prejudice to judicial independence and differences in
is necessary to safeguard the fairness of the proceedings.
the organisation of the judiciary across the Union, Member
States shall request those responsible for the training of
Article 7
judges, prosecutors, police and judicial staff involved in
criminal proceedings to provide appropriate training with
Right of access to the materials of the case
respect to the objectives of this Directive.
1. Where
a
person
is
arrested
and
detained
at
any
stage
of
the criminal proceedings, Member States shall ensure that
documents related to the specific case in the possession of
Article 10
the competent authorities which are essential to challenging
Non-regression
effectively, in accordance with national law, the lawfulness of
the arrest or detention, are made available to arrested persons or
Nothing in this Directive shall be construed as limiting or
to their lawyers.
derogating from any of the rights or procedural safeguards
that are ensured under the Charter, the ECHR, other relevant
2. Member
States
shall
ensure
that
access
is
granted
at
least provisions of international law or the law of any Member State
to all material evidence in the possession of the competent
which provides a higher level of protection.
authorities, whether for or against suspects or accused
persons, to those persons or their lawyers in order to
Article 11
safeguard the fairness of the proceedings and to prepare the
defence.
Transposition
1. Member
States
shall
bring
into
force
the
laws,
regulations
3. Without prejudice to paragraph 1, access to the materials
and administrative provisions necessary to comply with this
referred to in paragraph 2 shall be granted in due time to allow
Directive by 2 June 2014.
the effective exercise of the rights of the defence and at the
latest upon submission of the merits of the accusation to the
judgment of a court. Where further material evidence comes
2. Member
States
shall
transmit
the
text
of
those
measures
to
into the possession of the competent authorities, access shall
the Commission.
be granted to it in due time to allow for it to be considered.
4. By
way
of
derogation
from
paragraphs
2
and
3,
provided 3. When
Member
States
adopt
those
measures
they
shall
that this does not prejudice the right to a fair trial, access to
contain a reference to this Directive or be accompanied by
certain materials may be refused if such access may lead to a
such a reference on the occasion of their official publication.
serious threat to the life or the fundamental rights of another
The methods of making such reference shall be laid down by
person or if such refusal is strictly necessary to safeguard an
the Member States.
important public interest, such as in cases where access could
prejudice an ongoing investigation or seriously harm the
national security of the Member State in which the criminal
Article 12
proceedings are instituted. Member States shall ensure that, in
Report
accordance with procedures in national law, a decision to refuse
access to certain materials in accordance with this paragraph is
The Commission shall, by 2 June 2015, submit a report to the
taken by a judicial authority or is at least subject to judicial
European Parliament and to the Council, assessing the extent to
review.
which the Member States have taken the necessary measures in
order to comply with this Directive, accompanied, if necessary,
by legislative proposals.
5. Access,
as
referred
to
in
this
Article,
shall
be
provided
free
of charge.
Article 13
Article 8
Entry into force
Verification and remedies
This Directive shall enter into force on the twentieth day
1. Member
States
shall
ensure
that
when
information
is following that of its publication in the Official Journal of the
provided to suspects or accused persons in accordance with
European Union.

---

EN
1.6.2012 Official
Journal
of
the
European
Union L
142/7
Article 14
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.
Done at Strasbourg, 22 May 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
N. WAMMEN

---

L 142/8
EN
Official Journal of the European Union
1.6.2012
ANNEX I
Indicative model Letter of Rights
The sole purpose of this model is to assist national authorities in drawing up their Letter of Rights at national level.
Member States are not bound to use this model. When preparing their Letter of Rights, Member States may amend this
model in order to align it with their national rules and add further useful information. The Member State’s Letter of
Rights must be given upon arrest or detention. This however does not prevent Member States from providing suspects or
accused persons with written information in other situations during criminal proceedings.
You have the following rights when you are arrested or detained:
A. ASSISTANCE OF A LAWYER/ENTITLEMENT TO LEGAL AID
You have the right to speak confidentially to a lawyer. A lawyer is independent from the police. Ask the police if you
need help to get in contact with a lawyer, the police shall help you. In certain cases the assistance may be free of
charge. Ask the police for more information.
B. INFORMATION ABOUT THE ACCUSATION
You have the right to know why you have been arrested or detained and what you are suspected or accused of having
done.
C. INTERPRETATION AND TRANSLATION
If you do not speak or understand the language spoken by the police or other competent authorities, you have the
right to be assisted by an interpreter, free of charge. The interpreter may help you to talk to your lawyer and must
keep the content of that communication confidential. You have the right to translation of at least the relevant passages
of essential documents, including any order by a judge allowing your arrest or keeping you in custody, any charge or
indictment and any judgment. You may in some circumstances be provided with an oral translation or summary.
D. RIGHT TO REMAIN SILENT
While questioned by the police or other competent authorities, you do not have to answer questions about the alleged
offence. Your lawyer can help you to decide on that.
E. ACCESS TO DOCUMENTS
When you are arrested and detained, you (or your lawyer) have the right to access essential documents you need to
challenge the arrest or detention. If your case goes to court, you (or your lawyer) have the right to access the material
evidence for or against you.
F. INFORMING SOMEONE ELSE ABOUT YOUR ARREST OR DETENTION/INFORMING YOUR CONSULATE OR
EMBASSY
When you are arrested or detained, you should tell the police if you want someone to be informed of your detention,
for example a family member or your employer. In certain cases the right to inform another person of your detention
may be temporarily restricted. In such cases the police will inform you of this.
If you are a foreigner, tell the police if you want your consular authority or embassy to be informed of your detention.
Please also tell the police if you want to contact an official of your consular authority or embassy.
G. URGENT MEDICAL ASSISTANCE
When you are arrested or detained, you have the right to urgent medical assistance. Please let the police know if you
are in need of such assistance.

---

EN
1.6.2012 Official
Journal
of
the
European
Union L
142/9
H. PERIOD OF DEPRIVATION OF LIBERTY
After your arrest you may be deprived of liberty or detained for a maximum period of … [fill in applicable number of
hours/days]. At the end of that period you must either be released or be heard by a judge who will decide on your
further detention. Ask your lawyer or the judge for information about the possibility to challenge your arrest, to review
the detention or to ask for provisional release.

---

L 142/10
EN
Official Journal of the European Union
1.6.2012
ANNEX II
Indicative model Letter of Rights for persons arrested on the basis of a European Arrest Warrant
The sole purpose of this model is to assist national authorities in drawing up their Letter of Rights at national level.
Member States are not bound to use this model. When preparing their Letter of Rights, Member States may amend this
model in order to align it with their national rules and add further useful information.
You have been arrested on the basis of a European Arrest Warrant. You have the following rights:
A. INFORMATION ABOUT THE EUROPEAN ARREST WARRANT
You have the right to be informed about the content of the European Arrest Warrant on the basis of which you have
been arrested.
B. ASSISTANCE OF A LAWYER
You have the right to speak confidentially to a lawyer. A lawyer is independent from the police. Ask the police if you
need help to get in contact with a lawyer, the police shall help you. In certain cases the assistance may be free of
charge. Ask the police for more information.
C. INTERPRETATION AND TRANSLATION
If you do not speak or understand the language spoken by the police or other competent authorities, you have the
right to be assisted by an interpreter, free of charge. The interpreter may help you to talk to your lawyer and must
keep the content of that communication confidential. You have the right to a translation of the European Arrest
Warrant in a language you understand. You may in some circumstances be provided with an oral translation or
summary.
D. POSSIBILITY TO CONSENT
You may consent or not consent to being surrendered to the State seeking you. Your consent would speed up the
proceedings. [Possible addition of certain Member States: It may be difficult or even impossible to change this decision
at a later stage.] Ask the authorities or your lawyer for more information.
E. HEARING
If you do not consent to your surrender, you have the right to be heard by a judicial authority.

---

Document Outline

• �

---