It can be seen from the case-law of the European Court of Human Rights that violations of the rights of accused persons occur in all EU Member States. In addition, the EU has an interest in promoting trust between EU Member States in order to facilitate mutual recognition of judicial decisions. Common minimum standards can contribute to this.
In light of this, the EU Commission mandated a project from 2016 to 2018 to investigate the legal and practical implementation of EU procedural law in nine Member States. The project focuses on the investigation procedure and in particular on the phase from the time of arrest to the time of confinement in prison (JA), i.e. the first 48 hours after arrest. The implementation in nine EU Member States was examined by members of the JUSTICIA network. The Ludwig Boltzmann Institute, as the Austrian member of the network, wrote the Austrian country report.
The country report answers, among others, the following questions:
- To what extent are the relevant EU Directives on procedural rights of defendants legally and practically implemented?
- What are practical obstacles and challenges to the effective implementation of these rights?
- What is the broader professional context of defense lawyers, police and other criminal justice actors who contribute to the effective implementation of defendants' rights?
Inside Police Custody: An empirical study of suspects´ rights at the investigative stage of the criminal process in Austria
Authors: Zach, Gerrit; Katona, Nora; Birk, Moritz