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Case C-653/19 PPU: Judgment of the Court (First Chamber) of 28 November 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 6 — Burden of proof — Continuation of the detention on remand pending trial of an accused person)

ECLI:EU:UNKNOWN:62019CA0653

62019CA0653

November 28, 2019
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Official Journal of the European Union

C 36/15

(Case C-653/19 PPU) (*)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Article 6 - Burden of proof - Continuation of the detention on remand pending trial of an accused person)

(2020/C 36/19)

Language of the case: Bulgarian

Referring court

Party in the main proceedings

Interested party:

Spetsializirana prokuratura

Operative part of the judgment

Article 6 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, and Articles 6 and 47 of the Charter of Fundamental Rights of the European Union do not apply to a national law that makes the release of a person held in detention on remand pending trial conditional on that person establishing the existence of new circumstances justifying that release.

(*)

Language of the case: Bulgarian

OJ C 399, 25.11.2019.

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