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Case C-342/25, Stogenchev: Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 20 May 2025 – Criminal proceedings against DS, KW
ECLI:EU:UNKNOWN:62025CN0342
62025CN0342
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Official Journal of the European Union
C series
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C/2025/4573
(Case C-342/25, Stogenchev
(C/2025/4573)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Questions referred
Is an interpretation of a constitutional provision which confers on the accused person a right to legal protection in court proceedings (Article 122(1) of the Constitution of the Republic of Bulgaria) to the effect that:
the right to legal protection against an infringement of the privacy of the accused persons committed in the taking of evidence is expressed in the prohibition on using the evidence concerned; and
the right to legal protection against prosecution is also expressed in the prohibition on using that evidence,
compatible with the second subparagraph of Article 19(1) TEU and the first and second paragraphs of Article 47 of the Charter, where the privacy of the accused persons has been minimally infringed; the infringement has not affected the reliability of the evidence obtained; that evidence is exclusively exculpatory and is essential to supporting the accused persons’ plea of innocence; the accused persons, having been duly informed of the infringement committed in the taking of that evidence, expressly state, after consulting their defence counsel, that they wish to use the evidence?
Is an interpretation of national law to the effect that the court, on finding that the use of certain evidence may not be permissible on account of breaches of procedure committed while that evidence was being taken, or that its use is not permissible on account of such breaches, informs the accused persons thereof so that they can prepare their defence accordingly, compatible with Article 7(2) and (3) of Directive 2012/13 (2) and the second paragraph of Article 47 of the Charter?
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The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
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).
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ELI: http://data.europa.eu/eli/C/2025/4573/oj
ISSN 1977-091X (electronic edition)
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