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Directive 2011/92/EU of the European Parliament and of the CouncilShow full title
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA
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Article 24Intervention programmes or measures on a voluntary basis in the course of or after criminal proceedings
1.Without prejudice to intervention programmes or measures imposed by the competent judicial authorities under national law, Member States shall take the necessary measures to ensure that effective intervention programmes or measures are made available to prevent and minimise the risks of repeated offences of a sexual nature against children. Such programmes or measures shall be accessible at any time during the criminal proceedings, inside and outside prison, in accordance with national law.
2.The intervention programmes or measures, referred to in paragraph 1 shall meet the specific developmental needs of children who sexually offend.
3.Member States shall take the necessary measures to ensure that the following persons may have access to the intervention programmes or measures referred to in paragraph 1:
(a)persons subject to criminal proceedings for any of the offences referred to in Articles 3 to 7, under conditions which are neither detrimental nor contrary to the rights of the defence or to the requirements of a fair and impartial trial, and, in particular, in compliance with the principle of the presumption of innocence; and
(b)persons convicted of any of the offences referred to in Articles 3 to 7.
4.Member States shall take the necessary measures to ensure that the persons referred to in paragraph 3 are subject to an assessment of the danger that they present and the possible risks of repetition of any of the offences referred to in Articles 3 to 7, with the aim of identifying appropriate intervention programmes or measures.
5.Member States shall take the necessary measures to ensure that the persons referred to in paragraph 3 to whom intervention programmes or measures in accordance with paragraph 4 have been proposed:
(a)are fully informed of the reasons for the proposal;
(b)consent to their participation in the programmes or measures with full knowledge of the facts;
(c)may refuse and, in the case of convicted persons, are made aware of the possible consequences of such a refusal.
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