Official Journal of the European Union

C series

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C/2024/3888

(Case C-15/24 PPU,

Stachev)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2013/48/EU - The right of access to a lawyer in criminal proceedings - Article 3(6)(b) - Temporary derogation from the right of access to a lawyer in exceptional circumstances - Article 9 - Waiver of the presence or assistance of a lawyer - Conditions - Article 12(2) - Respect for the rights of the defence and the fairness of the proceedings - Admissibility of evidence - Article 47 of the Charter of Fundamental Rights of the European Union - Written waiver of an illiterate suspect’s right of access to a lawyer - No explanation as to the possible consequences of waiving that right - Implications for subsequent investigative acts - Decision on an appropriate restraint measure - Assessment of evidence obtained in breach of the right of access to a lawyer)

(C/2024/3888)

Language of the case: Bulgarian

Referring court

Party in the main criminal proceedings

Intervening party: Sofiyska rayonna prokuratura

Operative part of the judgment

must be interpreted as meaning that

where that provision has not been transposed into the national legal order, the police authorities of the Member State concerned cannot rely on that provision in relation to a suspect or accused person in order to derogate from the application of the right of access to a lawyer, which is laid down in a clear, precise and unconditional manner by that directive.

must be interpreted as meaning that

the statement of waiver of the right of access to a lawyer by an illiterate suspect cannot be regarded as complying with the requirements laid down in Article 9(1) of that directive, where that suspect has not been informed, in a manner which takes due account of his or her particular circumstances, of the possible consequences of such a waiver and where that waiver has not been recorded in accordance with national procedural law, in such a way as to enable compliance with those requirements to be verified.

must be interpreted as meaning that

in the event of a vulnerable person waiving the right of access to a lawyer, within the meaning of Article 13 of that directive, that person must be informed of the possibility of revoking that waiver before any subsequent investigative act is carried out during which, taking into account the intensity and importance of that investigative act, the absence of a lawyer is liable particularly to harm the interests and rights of that person.

must be interpreted as

precluding national case-law under which a court which examines the involvement of an accused person in a criminal offence in order to determine whether the restraint measure to be imposed on that accused person is appropriate, is deprived of the possibility, when adopting a decision on the continued detention of that accused person, of assessing whether evidence has been obtained in breach of the requirements of that directive and, where appropriate, of disregarding such evidence.

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Language of the case: Bulgarian

ELI: http://data.europa.eu/eli/C/2024/3888/oj

ISSN 1977-091X (electronic edition)

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OJ C 2016, 18.3.2024

The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

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