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Case C-646/17: Request for a preliminary ruling from the Tribunale di Brindisi (Italy) lodged on 17 November 2017 — Criminal proceedings against Gianluca Moro
ECLI:EU:UNKNOWN:62017CN0646
62017CN0646
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Valentina R., lawyer
12.2.2018
EN
Official Journal of the European Union
C 52/19
(Case C-646/17)
(2018/C 052/26)
Language of the case: Italian
Referring court
Defendant in the main proceedings
Question referred
Must Article 2(1), Article 3(1)(c) and Article 6(1), (2) and (3) of Directive 2012/12/EU, and Article 48 of the Charter of Fundamental Rights of the European Union as well, be interpreted as precluding procedural rules under the criminal law of a Member State on the basis of which the safeguards for the rights of the defence following a change to the charge are guaranteed in terms that differ, both in quality and in quantity, depending on whether that change relates to the factual elements of the charge or to its legal classification, in particular allowing the accused person only in the first case to request the alternative and beneficial procedure of the imposition of a negotiated penalty (the ‘patteggiamento’ procedure)?
(*) 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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