Strengthened procedural safeguards in criminal proceedings

Since the Napoleonic era the procedure in correctional matters has been governed by theCode d’instruction criminelle. Under the influence of the European Union and following the entry into force of the Act of 8 March 2017, which reinforces procedural safeguards in criminal matters, this code is now called Code de procedure pénale. However, this cosmetic change is not the only innovation introduced by the law in question. Indeed, procedural safeguards in criminal matters are considerably strengthened.

First, every prosecuted person, victim and civil party are entitled to an interpreter throughout the criminal proceedings, since they do not understand the language used in criminal proceedings. Similarly, the persons concerned shall also have the right that all the essential documents to which he/she has the right of access are translated, within a reasonable time, into a language which he or she understands.

It should be noted that the person pretending not to understand the language of the proceedings is punished and must pay the costs of interpretation and translation.

Second, any person who is the subject of criminal proceedings has the right to be assisted by a lawyer from the beginning of the proceedings in question.

Thirdly, the victim is informed of the aid to which he or she is entitled and which he or she may have recourse to. In particular, he or she is entitled to a series of information.

Fourth, any resident of the Grand Duchy of Luxembourg who is the victim of a criminal offense committed in another EU Member State may lodge a complaint with the competent authorities of the Grand Duchy of Luxembourg if he has not the possibility to present the complaint in the Member State where the infringement was committed.

Fifthly, the accused, the civil party and any other person concerned with a legitimate personal interest are entitled to receive a copy of the file, with exception of the documents seized, within a reasonable time before the date fixed for the case hearing. It should, however, be made clear that it is necessary to respect the secrecy of criminal investigation by refraining from disclosing information extracted from the file or by publishing  documents or letters relating to the investigation in progress.
The recent reform of the applicable law on criminal matters strengthens the rights of the defence and thus constitutes a key element in the consolidation of the rule of law.