HYA and Others (Impossibilite d'interroger les temoins a charge) (Judicial cooperation in criminal matters - Strengthening certain aspects of the presumption of innocence and the right to be present at the trial in criminal proceedings - Right of an accused person to be present at his trial - Judgment) French Text [2022] EUECJ C-348/21 (08 December 2022)

HYA and Others (Impossibilite d'interroger les temoins a charge) (Judicial cooperation in criminal matters - Strengthening certain aspects of the presumption of innocence and the right to be present at the trial in criminal proceedings - Right of an accused person to be present at his trial - Judgment) French Text [2022] EUECJ C-348/21 (08 December 2022)

Article 8(1) of Directive 2016/343, read with Articles 47(2) and 48(2) of the Charter, precludes national law allowing a court to base its decision on the statement of a prosecution witness taken in pre-trial proceedings before a judge, but without the participation of the accused or their lawyer, unless there is a...

Source-derived case information.

Citation
[2022] EUECJ C-348/21
Parties
Accused: HYA; Accused: IP; Accused: DD; Accused: ZI; Accused: SS; Prosecution: Spetsializirana prokuratura
Jurisdiction
European Union
Judgment Date
08 December 2022
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Spetsializiran Nakazatelen Sad (bulgaria)
Outcome
Reference answered; national law precluded unless strict conditions met.
Legal Topics
Presumption of Innocence, Right to Fair Trial, Right to Be Present at Trial, Judicial Cooperation in Criminal Matters, Admissibility of Evidence, Witness Examination
Criminal Law EU Law Human Rights Presumption of Innocence Right to Fair Trial Right to Be Present at Trial Judicial Cooperation in Criminal Matters Admissibility of Evidence +1 more

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Parties

HYA

Accused

IP

Accused

DD

Accused

ZI

Accused

SS

Accused

Spetsializirana prokuratura

Prosecution

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Spetsializiran Nakazatelen Sad (bulgaria)

Legal Issues

  1. 1 Whether EU law precludes national law allowing a criminal court to base its decision on statements of prosecution witnesses taken in pre-trial proceedings before a judge, but without the participation of the accused or their lawyer, when the witness cannot be examined at trial.

Ratio Decidendi

Article 8(1) of Directive 2016/343, read with Articles 47(2) and 48(2) of the Charter, precludes national law allowing a court to base its decision on the statement of a prosecution witness taken in pre-trial proceedings before a judge, but without the participation of the accused or their lawyer, unless there is a serious reason justifying the witness's absence at trial, the statement is not the sole or decisive basis for conviction, and sufficient counterbalancing measures exist to compensate for the disadvantage to the defence.

Court Disposition

Reference answered; national law precluded unless strict conditions met.

Orders

  • Article 8(1) of Directive 2016/343, read with Articles 47(2) and 48(2) of the Charter, precludes national law allowing a court to base its decision on a witness statement taken pre-trial without participation of the accused or their lawyer, unless (i) there is a serious reason for the witness's absence at trial,...