HN (Procès d'un accuse eloigne du territoire) (Judgment) French Text [2022] EUECJ C-420/20 (15 September 2022)

HN (Procès d'un accuse eloigne du territoire) (Judgment) French Text [2022] EUECJ C-420/20 (15 September 2022)

Article 8(1) of Directive 2016/343 does not preclude national law from requiring accused persons to attend their trial. However, Article 8(2) precludes a Member State from holding a trial in absentia when the accused is outside the territory and unable to attend due to an administrative entry ban, unless measures...

Source-derived case information.

Citation
[2022] EUECJ C-420/20
Parties
Accused: HN; Prosecutor: Sofiyska rayonna prokuratura
Jurisdiction
European Union
Judgment Date
15 September 2022
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Sofiyski Rayonen Sad (sofia District Court, Bulgaria)
Outcome
Preliminary ruling issued; national court to apply interpretation.
Legal Topics
Right to Fair Trial, Presumption of Innocence, Right to Be Present at Trial, Criminal Procedure, EU Directives, Extradition and Deportation
Criminal Law EU Law Human Rights Right to Fair Trial Presumption of Innocence Right to Be Present at Trial Criminal Procedure EU Directives +1 more

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Parties

HN

Accused

Sofiyska rayonna prokuratura

Prosecutor

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Reference From Sofiyski Rayonen Sad (sofia District Court, Bulgaria)

Legal Issues

  1. 1 Whether EU law allows a Member State to require the personal attendance of an accused at trial
  2. 2 Whether a trial in absentia is permissible when the accused is barred from entering the territory by an administrative order
  3. 3 Whether the right to attend trial can be transformed into an obligation under national law

Ratio Decidendi

Article 8(1) of Directive 2016/343 does not preclude national law from requiring accused persons to attend their trial. However, Article 8(2) precludes a Member State from holding a trial in absentia when the accused is outside the territory and unable to attend due to an administrative entry ban, unless measures are provided to allow attendance despite the ban.

Court Disposition

Preliminary ruling issued; national court to apply interpretation.

Orders

  • Article 8(1) of Directive 2016/343 does not preclude national law requiring attendance at trial.
  • Article 8(2) of Directive 2016/343 precludes holding a trial in absentia if the accused is barred from entering the territory and no measures are provided to allow attendance.