AH and Others (Presumption of innocence - National case-law providing for the identification of accused persons who have not concluded such an agreement - Judgment) [2019] EUECJ C-377/18 (05 September 2019)

AH and Others (Presumption of innocence - National case-law providing for the identification of accused persons who have not concluded such an agreement - Judgment) [2019] EUECJ C-377/18 (05 September 2019)

Article 4(1) of Directive 2016/343 does not preclude a plea agreement mentioning other accused as joint perpetrators, provided such reference is necessary for legal classification and the agreement clearly states those persons are prosecuted separately and their guilt has not been legally established.

Citation
[2019] EUECJ C-377/18
Parties
Accused: AH; Accused: PB; Accused: CX; Accused: KM; Accused: PH; Accused: MH
Jurisdiction
European Union
Judgment Date
05 September 2019
Procedural Posture
Preliminary Ruling (criminal Proceedings) / Reference for Interpretation of EU Law
Outcome
Interpretation of EU law provided; national court must ensure compliance with Directive 2016/343.
Legal Topics
Presumption of Innocence, Right to Fair Trial, Public References to Guilt, Mutual Recognition of Judicial Decisions
Criminal Law European Union Law Presumption of Innocence Right to Fair Trial Public References to Guilt Mutual Recognition of Judicial Decisions

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Parties

AH

Accused

PB

Accused

CX

Accused

KM

Accused

PH

Accused

MH

Accused

Procedural Posture

Preliminary Ruling (criminal Proceedings) / Reference for Interpretation of EU Law

Legal Issues

  1. 1 Whether Article 4(1) of Directive 2016/343 precludes a plea agreement mentioning other accused as joint perpetrators who have not admitted guilt and are prosecuted separately

Ratio Decidendi

Article 4(1) of Directive 2016/343 does not preclude a plea agreement mentioning other accused as joint perpetrators, provided such reference is necessary for legal classification and the agreement clearly states those persons are prosecuted separately and their guilt has not been legally established.

Court Disposition

Interpretation of EU law provided; national court must ensure compliance with Directive 2016/343.

Orders

  • Agreement may mention other accused as joint perpetrators only if necessary for legal classification and must clarify their separate prosecution and presumption of innocence.