The rights of the accused in the European Union constitute one of the essential guarantees of criminal proceedings. In a democratic state, it is necessary to ensure that every person who is accused of a criminal offense has a real opportunity to defend themselves. These rights become particularly relevant due to the freedom of movement within the European Union, which increases the scale of cross-border criminal proceedings, thus EU procedural guarantees have become a necessary condition for achieving justice. Violating the rights or legitimate interests of the accused can have negative consequences not only for the individual but also for the stability of the entire legal system. Therefore, to ensure citizens' trust in justice and the protection of the rights of the accused at the EU level, the EU has established common essential standards applicable within the Union. Thus, ensuring the rights of the accused in the EU also strengthens the stability of the functioning of a democratic society and citizens' trust in justice.
The Concept of the Accused
An accused person is an individual who is suspected of having committed a criminal offense or a person who is recognized as an accused by the decision of a prosecutor or a pre-trial investigation judge.
The Rights of the Accused in EU Member States
EU directives (Directive 2012/13/EU on the right to information in criminal proceedings, Directive 2013/48/EU on the right to a lawyer) establish the fundamental rights of the accused that member states must ensure by integrating them into national law.
The main rights of the accused enshrined in EU directives are:
• the right to information – the accused must be clearly informed about the charges against them;
• the right to have a lawyer – from the first moments of questioning, the accused can use the assistance of a defender;
• the right to remain silent – the accused is not obliged to confess or give testimony against themselves;
• the right to translation – it is ensured that the person understands the process in a language they comprehend;
• the right to defense in court – the accused has the opportunity to actively participate in the legal process and defend their interests.
Although EU directives clearly establish the obligation of member states to ensure the rights of the accused in criminal proceedings, their implementation in national legislation may have certain peculiarities depending on the legal system. Nevertheless, in many EU countries, national regulations comply with the requirements of the directive, providing the accused with fundamental procedural guarantees:
• to receive information about the progress of the process and the charges brought against them;
• to have a defender from the moment of detention or the first questioning;
• to receive translation and the right to contact consular authorities or notify relatives;
• to access medical assistance and to know the maximum duration of detention/arrest and alternative preventive measures;
• to have the right to remain silent or refuse to give testimony;
• to submit requests, access case documents, challenge judges or other officials, and appeal procedural errors.
Change of Accused Status
When the prosecutor accepts an indictment or submits a request to punish a person through a court order, or when the case is examined in an expedited procedure in court, the person's procedural status changes from accused to defendant.
Most rights of the accused and the defendant in criminal proceedings are similar, as both parties have the right to receive information about the process, to have a lawyer, to use translation services, to contact consular authorities, and to present evidence. However, the defendant has broader access to case materials in court – they can actively present evidence, give testimony, ask questions, participate in closing arguments, while the accused – primarily during the pre-trial investigation, through their defender.