Defendants’ rights

Criminal detention conditions in the European Union: rules and reality

This report looks at five core aspects of detention conditions in EU Member States: the size of cells; the amount of time detainees can spend outside of these cells, including outdoors; sanitary conditions; access to healthcare; and whether detainees are protected from violence. For each of these aspects of detention conditions, the report first summarises the minimum standards at international and European levels. It then looks at how these standards are translated into national laws and other rules of the EU Member States.

Criminal Detention Database

The Criminal Detention Database 2015-2019 combines in one place information on detention conditions in all 28 EU Member States.

Rights in practice: access to a lawyer and procedural rights in criminal and European arrest warrant proceedings

Protecting the rights of anyone suspected or accused of a crime is an essential element of the rule of law. Courts, prosecutors and police officers need certain powers to enforce the law – but trust in the outcomes of their efforts will quickly erode without effective safeguards. Such safeguards take on various forms, and include the right to certain information and to a lawyer.

Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers

EU Member States have largely implemented, and started applying, three instruments on transferring prison sentences, probation measures and alternative sanctions, as well as pre-trial supervision measures, to other Member States. This report provides an overview of their first experiences with these measures, highlighting both best practices and shortcomings.

Rights of suspected and accused persons across the EU: translation, interpretation and information

Protecting the human rights of individuals subject to criminal proceedings is an essential element of the rule of law. Persons who are suspected or accused of crimes in countries other than their own are particularly vulnerable, making appropriate procedural safeguards especially crucial. This report reviews Member States’ legal frameworks, policies and practices regarding the important rights provided in these directives, including with respect to individuals whose needs may require additional attention, such as persons with disabilities and children.

Fundamental rights in criminal proceedings: Information, interpretation and translation

This infographic looks at ways to improve the implementation of various EU criminal justice laws on the right to information, interpretation and translation that apply to Member States to guarantee common EU-wide minimum standards for rights protection.

Fundamental rights in criminal proceedings: Trust in cross-border justice

This infographic looks at improving the implementation of the various EU criminal justice laws that apply to cross-border transfers, pre- and post- trial.

Handbook on European law relating to access to justice

Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.

FRA Opinion on the exchange of information on third-country nationals under a possible system to complement the European Criminal Records Information System

The proposal to establish a possible legislative instrument supplementing the existing European Criminal Records Information System with information on third-country nationals convicted in the EU raises a number of fundamental rights issues.