Recital 43

(43) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter, including the right to liberty and security, the protection of personal data, the freedom to conduct a business, the right to property, the right to an effective remedy and to a fair trial, the presumption of innocence and right of defence, including the right not to incriminate oneself and to remain silent, the principles of legality and proportionality of criminal offences and penalties, including the principle of non-retroactivity of criminal penalties, as well as the principle of ne bis in idem. This Directive seeks to ensure full respect for those rights and principles and is to be implemented accordingly,

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.