FP and Others (Procès par visioconference) (Judicial cooperation in criminal matters - Right to be present at the trial - trial by videoconference - Judgment) [2024] EUECJ C-760/22 (04 July 2024)

FP and Others (Procès par visioconference) (Judicial cooperation in criminal matters - Right to be present at the trial - trial by videoconference - Judgment) [2024] EUECJ C-760/22 (04 July 2024)

Article 8(1) of Directive (EU) 2016/343 does not preclude an accused person from participating in trial hearings by videoconference at their express request, provided the right to a fair trial is guaranteed, including effective participation and confidential communication with counsel.

Citation
[2024] EUECJ C-760/22
Parties
Accused: FP, QV, IN, YL, VD, JF, OL; Prosecutor: Spetsializirana prokuratura (Specialist Public Prosecutor’s Office, Bulgaria)
Jurisdiction
European Union
Judgment Date
04 July 2024
Procedural Posture
Criminal / Preliminary Ruling (reference for Interpretation of EU Law)
Outcome
Preliminary ruling: Article 8(1) of Directive (EU) 2016/343 does not preclude videoconference participation at the accused's express request if fair trial rights are ensured.
Legal Topics
Presumption of Innocence, Right to Fair Trial, Right to Be Present at Trial, Use of Videoconferencing in Criminal Proceedings
Criminal Law European Union Law Human Rights Law Presumption of Innocence Right to Fair Trial Right to Be Present at Trial Use of Videoconferencing in Criminal Proceedings

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Parties

FP, QV, IN, YL, VD, JF, OL

Accused

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

Prosecutor

Procedural Posture

Criminal / Preliminary Ruling (reference for Interpretation of EU Law)

Legal Issues

  1. 1 Whether Article 8(1) of Directive (EU) 2016/343 precludes an accused person from participating in trial hearings by videoconference at their express request

Ratio Decidendi

Article 8(1) of Directive (EU) 2016/343 does not preclude an accused person from participating in trial hearings by videoconference at their express request, provided the right to a fair trial is guaranteed, including effective participation and confidential communication with counsel.

Court Disposition

Preliminary ruling: Article 8(1) of Directive (EU) 2016/343 does not preclude videoconference participation at the accused's express request if fair trial rights are ensured.

Orders

  • Article 8(1) of Directive (EU) 2016/343 must be interpreted as not precluding an accused person from being able, at his or her express request, to participate in the hearings in his or her trial by videoconference, provided that the right to a fair trial is guaranteed.