Criminal Procedure Code at Luxembourg
Luxembourg's criminal procedure is governed by the Code de procédure pénale (Criminal Procedure Code), which has undergone significant reforms to enhance procedural safeguards and align with European Union standards. (Strengthened procedural safeguards in criminal proceedings)
📘 Overview of the Criminal Procedure Code
The Code de procédure pénale outlines the procedures for the investigation, prosecution, and trial of criminal offenses in Luxembourg. Key provisions include:
Right to Legal Representation: Accused individuals have the right to be assisted by a lawyer from the beginning of the proceedings. (Strengthened procedural safeguards in criminal proceedings)
Interpreter Services: Every prosecuted person, victim, and civil party are entitled to an interpreter throughout the criminal proceedings if they do not understand the language used. Additionally, essential documents must be translated into a language the individual understands. (Strengthened procedural safeguards in criminal proceedings)
Access to Case Files: Accused persons, civil parties, and other individuals with a legitimate personal interest are entitled to receive a copy of the case file, with exceptions for documents seized, within a reasonable time before the hearing. (Strengthened procedural safeguards in criminal proceedings)
Victim's Rights: Victims are informed of the aid available to them and have the right to be accompanied by a person of their choice during proceedings. (Strengthened procedural safeguards in criminal proceedings)
⚖️ Recent Amendments and Reforms
Significant reforms have been introduced to strengthen procedural safeguards: (Strengthened procedural safeguards in criminal proceedings)
Law of 8 March 2017: This law renamed the Code d’instruction criminelle to Code de procédure pénale and introduced measures such as the right to legal representation from the outset, entitlement to interpreter services, and access to case files. (Strengthened procedural safeguards in criminal proceedings)
Law No. 1.533 and No. 1.534 (Effective 1 May 2023): These laws further enhanced procedural safeguards, including provisions for the protection of victims and the rights of the accused.
📄 Accessing the Full Text
The consolidated version of the Code de procédure pénale, as of 21 December 2020, is available through the Ministry of State-Central Law Service. Additionally, a machine translation of the code is accessible via Global-Regulation. (Machine Translation of "Code of Criminal Procedure" (Luxembourg)) (Criminal Procedure Code) (Machine Translation of "Code of Criminal Procedure" (Luxembourg))
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