Official Journal of the European Union

C series

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C/2025/1395

(Case C-400/23,

VB II (Information concerning the right to a new trial))

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Right to be present at the trial - Article 8(2) - Trial resulting in a decision imposing a conviction in absentia or a decision of acquittal in absentia - Conditions - Article 8(4) - Obligation to inform the person tried in absentia of the legal remedies available - Article 9 - Right to a new trial or to another legal remedy which allows a fresh determination of the merits of the case and which may lead to the original decision being reversed - Article 10(1) - Right to an effective remedy - National legislation making the recognition of the right to a new trial subject to the submission of a request to reopen criminal proceedings to a judicial authority before which the person tried in absentia must appear)

(C/2025/1395)

Language of the case: Bulgarian

Referring court

Party in the main proceedings

Interested party: Sofiyska gradska prokuratura

Operative part of the judgment

1.The second sentence of Article 8(4) 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, read in conjunction with Article 9 thereof,

must be interpreted as meaning that:

—in a situation where a person is convicted in absentia and is given a custodial sentence where the conditions laid down in Article 8(2) of that directive were not satisfied, those provisions do not preclude, after the expiry of the time limit laid down for lodging an appeal against the decision rendered in absentia, the only available legal remedy from being the submission, to a court that is different from that which rendered that decision, of a request for a new trial, provided that those proceedings observe the principles of equivalence and effectiveness. That condition requires, inter alia, that the proceedings relating to the request for a new trial allow in fact such a trial to be held in all cases where it is established, after verification, that the conditions laid down in Article 8(2) of that directive were not satisfied. By contrast, that condition is not satisfied where the person requesting a new trial is required to appear in person before the court having jurisdiction, failing which his or her request will be rejected without further action being taken;

—in a Member State whose legislation provides for such proceedings relating to a request for a new trial, the second sentence of Article 8(4), read in conjunction with Article 9, requires that the person convicted in absentia receive, at the time he or she is informed of that conviction or shortly thereafter, a copy in full of the decision rendered in absentia as well as easily understandable information relating, first, to the fact that he or she is entitled to a new trial if the conditions laid down in Article 8(2) of that directive were not satisfied, and second, to the proceedings allowing him or her to request such a trial.

2.The second sentence of Article 8(4) of Directive 2016/343, read in conjunction with Article 9 and Article 10(1) thereof,

3.must be interpreted as meaning that the requirements imposed by that directive are met where the court conducting a trial in absentia itself examines, after hearing both the prosecution and defence counsel on that matter, whether the conditions laid down in Article 8(2) of that directive are satisfied and, where they are not satisfied, states, in the decision rendered in absentia, a copy in full of which is to be provided to the person concerned at the time that person is informed of that decision or shortly thereafter, that he or she is entitled to a new trial.

4.The second sentence of Article 8(4) and Article 9 of Directive 2016/343

must be interpreted as applying not only in the event of a conviction in absentia, but also in the event of an acquittal in absentia.

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(1) OJ C 329, 18.9.2023.

ELI: http://data.europa.eu/eli/C/2025/1395/oj

ISSN 1977-091X (electronic edition)

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END