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Case C-404/07: Judgment of the Court (Third Chamber) of 9 October 2008 (reference for a preliminary ruling from the Fővárosi Bíróság, Republic of Hungary) — Criminal proceedings brought by Győrgy Katz against István Roland Sós (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Private prosecutor in substitution for the public prosecutor — Testimony of the victim as a witness)
ECLI:EU:UNKNOWN:62007CA0404
62007CA0404
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Official Journal of the European Union
C 301/11
(Case C-404/07)
(Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Private prosecutor in substitution for the public prosecutor - Testimony of the victim as a witness)
(2008/C 301/20)
Language of the case: Hungarian
Referring court
Parties in the criminal proceedings
Re:
Reference for a preliminary ruling — Fővárosi Bíróság — Interpretation of Articles 2 and 3 of Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L 82, p. 1) — National legislation precluding the possibility of the victim giving evidence in criminal proceedings instituted by the victim as a substitute private prosecutor
Operative part of the judgment
Articles 2 and 3 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings are to be interpreted as not obliging a national court to permit the victim to be heard as a witness in criminal proceedings instituted by a substitute private prosecution such as that in issue in the main proceedings. However, in the absence of such a possibility, it must be possible for the victim to be permitted to give testimony which can be taken into account as evidence.
* * *
(<span class="super">1</span> OJ C 283, 24.11.2007)