Spetsializirana prokuratura (Audience en l'absence de la personne poursuivie) (Presumption of innocence and right to be present at the trial in criminal proceedings - Judgment) [2020] EUECJ C-688/18 (13 February 2020)

Spetsializirana prokuratura (Audience en l'absence de la personne poursuivie) (Presumption of innocence and right to be present at the trial in criminal proceedings - Judgment) [2020] EUECJ C-688/18 (13 February 2020)

Article 8(1) and (2) of Directive 2016/343 does not preclude national legislation allowing a hearing in the absence of the accused if the accused was duly informed of the trial and consequences of non-appearance, represented by a mandated lawyer, and either unequivocally waived the right to be present or, if absent for reasons beyond their control, was informed of the steps taken and given the opportunity to have them repeated or chose not to challenge them.

Citation
[2020] EUECJ C-688/18
Parties
Accused: TX; Accused: UW; Prosecutor: Spetsializirana prokuratura (Specialist Public Prosecutor’s Office, Bulgaria)
Jurisdiction
European Union
Judgment Date
13 February 2020
Procedural Posture
Preliminary Ruling (criminal) / Reference for Preliminary Ruling From Spetsializiran Nakazatelen Sad (special Court for Criminal Cases, Bulgaria)
Outcome
Reference answered; national legislation not precluded by Directive 2016/343 under specified conditions.
Legal Topics
Presumption of Innocence, Right to Be Present at Trial, Waiver of Rights, In Absentia Proceedings
Criminal Law European Union Law Human Rights Presumption of Innocence Right to Be Present at Trial Waiver of Rights In Absentia Proceedings

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Parties

TX

Accused

UW

Accused

Spetsializirana prokuratura (Specialist Public Prosecutor’s Office, Bulgaria)

Prosecutor

Procedural Posture

Preliminary Ruling (criminal) / Reference for Preliminary Ruling From Spetsializiran Nakazatelen Sad (special Court for Criminal Cases, Bulgaria)

Legal Issues

  1. 1 Whether Article 8(1) and (2) of Directive 2016/343 precludes national legislation allowing trial hearings in the absence of the accused if certain safeguards are met.

Ratio Decidendi

Article 8(1) and (2) of Directive 2016/343 does not preclude national legislation allowing a hearing in the absence of the accused if the accused was duly informed of the trial and consequences of non-appearance, represented by a mandated lawyer, and either unequivocally waived the right to be present or, if absent for reasons beyond their control, was informed of the steps taken and given the opportunity to have them repeated or chose not to challenge them.

Court Disposition

Reference answered; national legislation not precluded by Directive 2016/343 under specified conditions.

Orders

  • Article 8(1) and (2) of Directive 2016/343 must be interpreted as not precluding national legislation which provides, in a situation where the accused person has been informed, in due time, of his trial and of the consequences of not appearing at that trial, and where that person was represented by a mandated lawyer...