Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-02-21-Speech-1-139"

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"Many thanks, Mr President. Mr President, ladies and gentlemen, when debates on accession to the European Union were held in the new Member States, including my country, Poland, the key arguments we put forward related not only to economic growth and national security, but also to personal security. This issue is all the more important because crime is rising throughout Europe, unfortunately also in the new Member States, and radical measures must be taken to stem this constant rise. A great many new types of crime have appeared, for example the well-publicised problem of Internet crime, and all these developments mean that new regulations are required. They also mean that there is a need for harmonisation, and this is why we welcome both Mr Di Pietro’s report on the exchange of information from the criminal register and Mr Costa’s report on the quality of criminal justice in the European Union. It should not be forgotten, however, that the harmonisation of criminal law, or indeed of any other kind of law, must not merely mean that everyone is brought down to the same level, or that differences are eradicated to the detriment of national traditions, customs and needs. The latter are the basis upon which national legislation has been established, and if harmonisation were to take place in too mechanical a fashion, local traditions could be harmed. Most importantly, countries should not have to bring their legislation into line with laws and customs in other countries where criminals are treated with particular care, where they are gradually transformed into victims while the victims are forgotten, and where criminals can in fact expect greater protection than victims. This relates in particular to the issue of whether detainees should be granted the right to be seen by a psychiatrist, who would have the task of immediately assessing the detainee’s behaviour, and potentially absolving him or her of guilt. It may well be appropriate for this to happen at a later stage in the judicial procedure, but it need not occur at the very beginning. It must not result in criminals enjoying greater rights than victims, even though this is something that is unfortunately becoming increasingly common in modern legislation and judicial practice. It is unacceptable for the victim to be viewed as already having irrevocably become a victim, while at the same time the criminal is considered to be some sort of new victim who must be rescued, as this is quite simply untrue. The criminal should always remain a criminal and the victim a victim. The exchange of information from the criminal register is another issue worth considering. It should not be forgotten that the lengths of time after which criminal convictions are deemed spent vary between the different Member States, and steps should be taken to avoid situations in which someone is regarded as having a criminal conviction in one Member State, although this is no longer the case in another Member State. Many thanks, Mr President. I have finished, and there is no need for you to use your gavel."@en1

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