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Joined Cases C-430/22 and C-468/22, VB (information for a person convicted in absentia) and Another: Judgment of the Court (Sixth Chamber) of 8 June 2023 (requests for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against VB (C-430/22), VB (C-468/22) (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Article 8(4) — Right to be present at the trial — Proceedings conducted in absentia — Reopening of the proceedings — Notice to the person convicted in absentia of his or her right to have the proceedings reopened)
ECLI:EU:UNKNOWN:62022CA0430
62022CA0430
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24.7.2023
Official Journal of the European Union
C 261/22
(Joined Cases C-430/22 and C-468/22, (1) VB (information for a person convicted in absentia) and Another)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Article 8(4) - Right to be present at the trial - Proceedings conducted in absentia - Reopening of the proceedings - Notice to the person convicted in absentia of his or her right to have the proceedings reopened)
(2023/C 261/30)
Language of the cases: Bulgarian
Referring court
Parties in the main proceedings
VB(C-430/22), VB (C-468/22)
Other party: Spetsializirana prokuratura
Operative part of the judgment
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 must be interpreted as not requiring a national court, in the event of a conviction in absentia, where the conditions of Article 8(2) of that directive are not met, to make express reference to the right to a new trial in the judgment convicting the person concerned.
(1)
OJ C 408, 24.10.2022.
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Language of the case: Bulgarian