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Case C-398/23, PT II (Agreement concluded between the prosecutor and the perpetrator of an offence): Judgment of the Court (Eighth Chamber) of 28 November 2024 (request for a preliminary ruling from the Sofiyski gradski sad – Bulgaria) – Criminal proceedings against PT (Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in criminal matters – Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime – Framework Decision 2004/757/JHA – Articles 4 and 5 – Framework Decision 2008/841/JHA – Articles 3 and 4 – National legislation not implementing EU law – Article 51(1) of the Charter of Fundamental Rights of the European Union – Right to information in criminal proceedings – Directive 2012/13/EU – Articles 1 and 6 – Right of a person to be informed of the charges against him or her – Effective judicial protection – First paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights – Criminal proceedings against several persons – Agreement for settlement of the case entered into by one of the defendants and the public prosecutor – Consent of the other defendants)
ECLI:EU:UNKNOWN:62023CA0398
62023CA0398
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Official Journal of the European Union
C series
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C/2025/369
27.1.2025
(Case C-398/23,
PT II (Agreement concluded between the prosecutor and the perpetrator of an offence))
(Reference for a preliminary ruling - Area of freedom, security and justice - Judicial cooperation in criminal matters - Criminal offences and penalties in the field of illicit drug trafficking and the fight against organised crime - Framework Decision 2004/757/JHA - Articles 4 and 5 - Framework Decision 2008/841/JHA - Articles 3 and 4 - National legislation not implementing EU law - Article 51(1) of the Charter of Fundamental Rights of the European Union - Right to information in criminal proceedings - Directive 2012/13/EU - Articles 1 and 6 - Right of a person to be informed of the charges against him or her - Effective judicial protection - First paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights - Criminal proceedings against several persons - Agreement for settlement of the case entered into by one of the defendants and the public prosecutor - Consent of the other defendants)
(C/2025/369)
Language of the case: Bulgarian
Referring court
Party in the main proceedings
intervening party: Sofiyska gradska prokuratura
Operative part of the judgment
Article 6(1) and (3) of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, read in the light of the first paragraph of Article 47 and Article 52(1) of the Charter of Fundamental Rights of the European Union
must be interpreted as not precluding a provision of national law which, in criminal proceedings brought against several defendants, makes the judicial approval of an agreement for settlement of the case, entered into by the public prosecutor and one of the defendants, subject to the consent of the other defendants only where such an agreement is concluded during the trial stage of those proceedings.
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Gratsias
Passer
Smulders
Delivered in open court in Luxembourg on 6 March 2025.
Registrar
President of the Chamber
ECLI:EU:C:2025:140
15
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Language of the case: Bulgarian.