Usecase

The reasoning tool currently gives the results according to

• Directive 2010/64 and the Spanish, Italian, Polish implementation
• Directive 2016/800 and the Italian, Polish, Dutch implementation
• Directive 2012/13 and the Italian, Polish, Dutch implementation
• Directive 2016/343 and the Italian, Polish, Dutch implementation
• Directive 2016/1919 and the Italian, Polish, Dutch implementation
• Directive 2013/48 and the Italian, Polish, Dutch implementation

The system requires the following information to give at least one result:

• The name of the defendant
• The status of the defendant
• The fact that the defendant has been made aware of his status
• The fact that the proceedings have started and not concluded

Questions

• Which national laws are you interested in?

The user can select multiple answers (CTRL + click). If no law is selected it shall only apply the directives. By choosing a certain law, questions restricted (and applicable only) to the chosen country will be accessible.

• What is the nature of the proceeding?

The user can choose between proceedings concerning any criminal matters, and proceedings related specifically to a European arrest warrant.

• Is the defendant?

The user can choose multiple answers between the person being requested by an Eaw, in a state of detention, in a state of deprivation of liberty, in a state of arrest, and in need of specific health indications.

If 'requested by an EAW' is selected, select 'been arrested' as well. The two are separate due to the application of national articles concerning arrest.

If 'in a state of detention is selected', select 'in a state of deprivation of liberty' as well, unless you're interested only in detention-specific articles.

• What languages can the person speak?

For all the questions related to language, multiple answers can be selected. Also applies to 'What languages can the person read and understand?' and 'What languages does the lawyer speak and understand?'

• Has a lawyer been chosen?

Checkmark it if a lawyer has either been nominated by the defendant or chosen by the authority. If selected, it will open further questions 1)'What languages does the lawyer speak and understand?' 2) 'Has the lawyer submitted a request for?'. 3) Does the person require the assistance of the lawyer? (Select this option if the defendant requires the presence of the lawyer for any reason)

• Have any documents been issued?

Checkmark it if any documents have been issued, or if you're interested in a right related to a particular document. If selected the following questions shall be accessible 1) 'What documents have been issued?', where multiple documents can be selected and 2) 'Has the judge declared a document to be essential?'

• Has the person decided or intends to?

Multiple answers can be selected. Select 'submit a request' to access the question 'Has the person submitted a request for?, select 'challenge a decision' for 'Has the person appealed a decision about?' and select 'complain about the quality' to access 'Has the person complained about the quality of ?'. For all questions multiple answers can be selected.

• Has the person waived his rights or intends to waive his rights?

Checkmark it to access 'Has the person received legal advice prior to the waiver or been informed of the consequences?' and 'Has the person waived his right unequivocally and voluntarily?'.

• Is the holder of parental responsibility:?

By selecting 'not needed' nothing will happen. Selecting 'known' shall provide access to 'What is the holder of parental responsibilitys name?', selecting 'known but not accepted' shall open the following 'What is the holder of parental responsibilitys name?' and 'Is the holder of parental responsibility acting contrary to the childs interest?' and 'Could the holder of parental responsibility jeopardise the proceedings?' and 'Who has the child nominated to act as the responsible adult?' and Has the judge accepted the nomination by the child?' and 'Who has the authority nominated to accompany the child?', selecting 'unknown' shall provide access to 'Who has the child nominated to act as the responsible adult?' and 'Has the judge accepted the nomination by the child?' and 'Who has the authority nominated to accompany the child?'.

• Who has the person nominated to be allowed to communicate with?

Whenever the person has been deprived of liberty, he shall have the chance to communicate with a person nominated by them, this question indicates that person.

• Is the phase of the proceedings concerning?

This question relates to the phase of the proceedings. Selecting either option opens further questions related to either the investigation phase or any stage that occurs post indictment.

The further questions relate to both a stage and a matter of the proceedings. By selecting "investigation" it shall ask to select the relevant matter and -- "Is the person required or permitted to attend?" -- whether the person is required to attend any investigative act. By selecting "court_procedure", you shall still need to select the matter of the proceedings, which occur after the investigation procedure is over, and whether the authority has applied a means test or a merits test. For all questions, multiple answers can be selected.

Any decision means any course of action taken in criminal proceedings. Specific measures mean any special measure concerning children.

• Does the following apply to the person?

Multiple answers are possible, depending if any of these events have happened during the proceedings.

• Is there a danger for the persons?

The answers to this question refer to any danger to the person, or to the proceedings.

• Do you want to see the explanation?

By selecting it, the answer will also include the code as displayed in our knowledge-base, plus the facts that have been needed to reach the answer.