In April of this year, changes to Instruction No. 8121з-78/24.01.2015 on the procedure for detention came into effect. These changes were drafted by a working group under the guidance of the Main Directorate “National Police”. The amendments to the Instruction include the following:
- The content of the declaration of rights under Art. 15, para. 1 and 2 has been expanded to include information on the right to written translation and the right to remain silent; the right of a person who initially waived legal counsel to request legal representation at a later stage, as well as information on the maximum duration of detention.
- Article 15 of the Instruction now provides for mandatory notification of the parent, guardian, or other person responsible for the care of a minor.
- The mandatory participation of a legal representative when the detained person is a minor is also stipulated.
The Legal Aid Network of the National Network for Children (NND) considers the adopted and implemented changes to the Instruction as positive. They represent an important step towards the full implementation of Directive 2012/13/EU of 22 May 2012 on the right to information in criminal proceedings and Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings.
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