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Case C-660/21: Request for a preliminary ruling from the Tribunal correctionnel de Villefranche-sur-Saône (France) lodged on 29 October 2021 — Procureur de la République v K.B., F.S.
ECLI:EU:UNKNOWN:62021CN0660
62021CN0660
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17.1.2022
EN
Official Journal of the European Union
C 24/21
(Case C-660/21)
(2022/C 24/27)
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Procureur de la République
Defendants: K.B., F.S.
Question referred
Must Articles 3 (Right to information about rights) and 4 (Letter of Rights on arrest) of the Directive of the European Parliament of 22 May 2012 (1) and Article 7 (Right to remain silent) of the Directive of the European Parliament of 9 March 2016 (2) in conjunction with Article 48 (Presumption of innocence and right of defence) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the prohibition on the national court raising of its own motion a violation of the rights of the defence as guaranteed by those directives, more specifically in so far as it is prohibited from raising of its own motion, with a view to the annulment of the procedure, a failure to give notification of the right to remain silent at the time of the arrest or a late notification of the right to remain silent?
(1) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).
(2) 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 (OJ 2016 L 65, p. 1).
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Language of the case: French