Rechtsbibliotheek en dossieranalyse · Oostenrijk · België · Europese Unie
LAWxPERT Aanmelden Gratis account

Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 534AGCInterpretation.

Title VII

Van krachtOfficiële tekst

(1) This Title applies to children who are suspects or accused persons in criminal proceedings, until the final determination of the question on whether the suspect or accused person has committed a criminal offence, including, where applicable, sentencing and the resolution of any appeal.

(2) This Title applies to children who are requested persons from the time of their arrest in the executing Member State, in accordance with article 534AGP.

(3) With the exception of article 534AGE, article 534AGH(3)(b), and article 534AGN, insofar as those provisions refer to a holder of parental responsibility, the provisions of this Title shall apply to persons as referred to in sub-articles (1) and (2), where such persons were children when they became subject to the proceedings but have subsequently reached the age of eighteen (18), and the application of this Title, or certain provisions thereof, is appropriate in the light of all the circumstances of the case, including the maturity and vulnerability of the person concerned:

Provided that this Title shall not apply to persons who have reached the age of twenty-one (21) at any stage of the proceedings.

(4) Nothing in this Title shall:

(a) affect the application of the provisions in Title II, Part I, Book First which determine the age of criminal responsibility;

(b) prejudice the right of access to a lawyer in accordance with Sub-title IX of Title I of Part I, Book Second.

(5) Sub-articles (4) and (5) of article 355AU shall apply mutatis mutandis to this Title.