4.

Without prejudice to the right to a fair trial, in respect of minor offences: where the law of a Member State provides for the imposition of a sanction by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed or referred to such a court; or where deprivation of liberty cannot be imposed as a sanction; this Directive applies only to the proceedings before a court having jurisdiction in criminal matters. In any event, this Directive applies when a decision on detention is taken, and during detention, at any stage of the proceedings until the conclusion of the proceedings.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.