UL and VM (Order) French Text [2020] EUECJ C-709/18_CO (28 May 2020)

UL and VM (Order) French Text [2020] EUECJ C-709/18_CO (28 May 2020)

A national court may accept a guilty plea from one defendant for offences allegedly committed jointly with another defendant who pleads not guilty and later adjudicate the second defendant's guilt, provided that any reference to the second defendant is necessary for legal qualification and the order or indictment...

Source-derived case information.

Citation
[2020] EUECJ C-709/18_CO
Parties
Defendant: UL; Defendant: VM; Prosecutor: Úrad špeciálnej prokuratúry Generálnej prokuratúry Slovenskej republiky; Intervener: Government of Slovakia; Intervener: European Commission
Jurisdiction
European Union
Judgment Date
28 May 2020
Procedural Posture
Preliminary Reference / Final Order
Outcome
questions partially admissible; clarified interpretation of EU law; remaining questions inadmissible
Legal Topics
Presumption of Innocence, Right to Fair Trial, Joint Defendants, Plea Acceptance, Judicial Impartiality
Criminal Law EU Law Human Rights Presumption of Innocence Right to Fair Trial Joint Defendants Plea Acceptance Judicial Impartiality

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Parties

UL

Defendant

VM

Defendant

Úrad špeciálnej prokuratúry Generálnej prokuratúry Slovenskej republiky

Prosecutor

Government of Slovakia

Intervener

European Commission

Intervener

Procedural Posture

Preliminary Reference / Final Order

Legal Issues

  1. 1 Does accepting a guilty plea from one co-defendant prejudice the presumption of innocence of another co-defendant who pleads not guilty?
  2. 2 Are procedural safeguards under Directive (EU) 2016/343 and the Charter of Fundamental Rights of the EU respected in such cases?
  3. 3 Does mentioning the second defendant in the plea acceptance order violate their rights?

Ratio Decidendi

A national court may accept a guilty plea from one defendant for offences allegedly committed jointly with another defendant who pleads not guilty and later adjudicate the second defendant's guilt, provided that any reference to the second defendant is necessary for legal qualification and the order or indictment clearly states their guilt is not legally established and will be subject to separate proof and judgment.

Court Disposition

questions partially admissible; clarified interpretation of EU law; remaining questions inadmissible

Orders

  • Article 3 and Article 4(1) of Directive (EU) 2016/343 and Articles 47(2) and 48 of the Charter do not preclude accepting a guilty plea from one defendant and subsequently adjudicating the other, provided references to the second defendant are necessary and clearly indicate their guilt is not legally established.
  • Second part of the second question and third question declared manifestly inadmissible.