AH and Others (Presomption d'innocence) (Opinion) French Text [2019] EUECJ C-377/18_O (13 June 2019)

AH and Others (Presomption d'innocence) (Opinion) French Text [2019] EUECJ C-377/18_O (13 June 2019)

Article 4(1) of Directive 2016/343 does not preclude a national rule requiring the mention and identification of co-accused in a plea agreement, provided such references are necessary for the legal qualification of the offence and are accompanied by clear language indicating that the co-accused are being prosecuted separately and their guilt has not been legally established.

Citation
[2019] EUECJ C-377/18_O
Parties
Accused: AH; Accused: PB; Accused: CX; Accused: KM; Accused: PH; Accused: MH
Jurisdiction
European Union
Judgment Date
13 June 2019
Procedural Posture
Preliminary Reference (eu Law) / Opinion of Advocate General
Outcome
Article 4(1) of Directive 2016/343 does not preclude the national rule, subject to safeguards.
Legal Topics
Presumption of Innocence, Plea Bargaining, Procedural Safeguards, Directive 2016/343, Article 48 Charter of Fundamental Rights, Article 6(2) ECHR
Criminal Law European Union Law Human Rights Presumption of Innocence Plea Bargaining Procedural Safeguards Directive 2016/343 Article 48 Charter of Fundamental Rights +1 more

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Parties

AH

Accused

PB

Accused

CX

Accused

KM

Accused

PH

Accused

MH

Accused

Procedural Posture

Preliminary Reference (eu Law) / Opinion of Advocate General

Legal Issues

  1. 1 Whether Article 4(1) of Directive 2016/343 precludes a national rule requiring a plea agreement to mention and identify co-accused who have not admitted guilt or entered into the agreement.

Ratio Decidendi

Article 4(1) of Directive 2016/343 does not preclude a national rule requiring the mention and identification of co-accused in a plea agreement, provided such references are necessary for the legal qualification of the offence and are accompanied by clear language indicating that the co-accused are being prosecuted separately and their guilt has not been legally established.

Court Disposition

Article 4(1) of Directive 2016/343 does not preclude the national rule, subject to safeguards.

Orders

  • National courts must ensure that references to co-accused in plea agreements are necessary for legal qualification and are accompanied by clarifying language that their guilt is not established.