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EU offenders to get better rights if tried abroad
Published in Saudi Press Agency on 26 - 01 - 2008


Criminal suspects - but also ordinary
Germans or Britons who cause trouble while on holiday in the
Mediterranean - are to be granted better rights when tried in a
different European Union member state, officials said Saturday, according to dpa.
At an informal meeting in Slovenia, EU justice ministers agreed to
clarify rules governing in particular trials in absentia - court
cases in which a defendant is sentenced even if he or she does not
attend the proceedings.
In absentia trials are allowed in France, Portugal, Spain, Italy
and Greece, but not in northern European countries such as Germany or
Britain, which pushed for Saturday's agreement. Rules governing in
absentia trials also vary from country to country.
Once the clarified rules come into force, defendants across the EU
will need to be properly notified that they are under trial and will
have to be given the chance to ask for a retrial.
"It is always important to improve the rights of EU citizens,"
said German Justice Minister Brigitte Zypries ahead of the meeting.
The improved rules would apply to offences committed by any EU
citizen while in another member state.
Officials said they would help reduce delaying tactics and make
European-wide arrest warrants more effective.
Requests for extradition using the EU arrest warrant have
sometimes failed because of unclear rules governing such cases,
experts say.
One insider also noted that Italy and Germany have at times
clashed over Italian prosecutors' efforts to sentence former Nazi
officials for war crimes committed in Italy during World War II.
The move is also likely to be welcomed by anyone who has found
himself in the unfortunate situation of discovering that he has been
sentenced for some offence committed while on holiday only long after
returning home.
"We believe that rights and procedural guarantees (concerning
trials held in absentia) should be clearly set out and defined. This
would improve legal certainty for citizens and would also improve the
implementation of the principle of mutual recognition (among EU
member states)," said Slovenian Justice Minister Lovro Sturm, whose
country holds the rotating presidency of the 27-member bloc.
The provisional agreement reached on Saturday only clarifies
current rules, since previous attempts to harmonize them across the
EU's 27 member states have failed.
Member states hope to formally adopt the clarified rules by the
end of June, when the Slovenian presidency expires.


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