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CaseC-644/23, Stangalov: Judgment of the Court (Fourth Chamber) of 16 January 2025 (request for a preliminary ruling from the Sofiyski gradski sad – Bulgaria) – Criminal proceedings against IR (Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive (EU) 2016/343 – Article 8 – Right to be present at the trial – Information regarding the holding of the trial and the consequences of non-appearance – Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities – Possibility of a trial and a decision in absentia – Article 9 – Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case – No such right where the person concerned absconds)
ECLI:EU:UNKNOWN:62023CA0644
62023CA0644
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Official Journal of the European Union
C series
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C/2025/1401
10.3.2025
(CaseC-644/23, Stangalov)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Article 8 - Right to be present at the trial - Information regarding the holding of the trial and the consequences of non-appearance - Inability to locate the accused person notwithstanding the reasonable efforts of the competent authorities - Possibility of a trial and a decision in absentia - Article 9 - Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case - No such right where the person concerned absconds)
(C/2025/1401)
Language of the case: Bulgarian
Referring court
Party in the main proceedings
interested party: Sofiyska gradska prokuratura
Operative part of the judgment
Articles 8 and 9 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings
must be interpreted as not precluding national legislation under which a person who absconds after receiving a preliminary indictment drawn up against him or her during the pre-trial investigation stage of criminal proceedings, thereby preventing the competent authorities from informing him or her in person of the final indictment and of the date and place of the trial, and who, against that background, is convicted in absentia, will not, if located and arrested for the purpose of enforcing the sentence, have a right to a new trial, provided that that legislation restricts that forfeiture of the right to a new trial to persons who (i) in the light of all the relevant circumstances, may be regarded as having been informed of the trial and (ii) were represented during the trial in absentia by a lawyer mandated by them or, in the absence of such representation, were informed in due time that, if they absconded, they risked being tried in their absence.
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Registrar
President of the Chamber
ECLI:EU:C:2025:140
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