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Case C-420/20: Judgment of the Court (First Chamber) of 15 September 2022 (request for a preliminary ruling from the Sofiyski Rayonen sad — Bulgaria) — Criminal proceedings against HN (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — European Convention for the Protection of Human Rights and Fundamental Freedoms — Article 6 — 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 8 — Right to be present at the trial — Return decision accompanied by an entry ban of five years — Conditions for holding a trial in the absence of the person concerned — Obligation to be present at the trial provided for under national law)
ECLI:EU:UNKNOWN:62020CA0420
62020CA0420
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31.10.2022
Official Journal of the European Union
C 418/2
(Case C-420/20) (1)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Charter of Fundamental Rights of the European Union - Articles 47 and 48 - European Convention for the Protection of Human Rights and Fundamental Freedoms - Article 6 - 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 8 - Right to be present at the trial - Return decision accompanied by an entry ban of five years - Conditions for holding a trial in the absence of the person concerned - Obligation to be present at the trial provided for under national law)
(2022/C 418/02)
Language of the case: Bulgarian
Referring court
Parties in the main proceedings
Intervening party: Sofiyska rayonna prokuratura
Operative part of the judgment
1.Article 8(1) 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 must be interpreted as not precluding national legislation which imposes an obligation on suspects and accused persons in criminal proceedings to be present at their trial.
2.Article 8(2) of Directive 2016/343 must be interpreted as precluding legislation of a Member State which permits a trial to be held in the absence of the suspect or accused person, where that person is outside that Member State and is unable to enter its territory because of an entry ban imposed on him or her by the competent authorities of that Member State.
(1) OJ C 399, 23.11.2020.