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Case C-347/21: Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 4 June 2021 — Criminal proceedings against DD
ECLI:EU:UNKNOWN:62021CN0347
62021CN0347
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23.8.2021
Official Journal of the European Union
C 338/12
(Case C-347/21)
(2021/C 338/13)
Language of the case: Bulgarian
Referring court
Party to the main proceedings
Questions referred
Is the right of the accused person to be present in person under Article 8(1) of Directive 2016/343, (1) read in conjunction with Article 10(1) and recital 44 thereof, safeguarded where a witness has been examined in the absence of the accused person at a separate hearing but the accused person had the opportunity to put questions to that witness at the subsequent hearing but stated that he or she had no questions, or is it necessary, in order to safeguard the right to be present in person, for that examination to be repeated in its entirety, including the questions put by the other parties who were present at the first examination?
Is the right to be defended by a lawyer under Article 3(1) of Directive 2013/48, (2) read in conjunction with Article 12(1) thereof, safeguarded where two witnesses have been examined in the absence of the lawyer at two separate hearings but the lawyer was given the opportunity to put questions to the two witnesses at the subsequent hearing, or is it necessary, in order to safeguard the right of defence by a lawyer, for those two examinations to be repeated in their entirety, including the questions of the other parties from the first hearing, and, in addition, for the lawyer who was absent from the two previous hearings to be given the opportunity to ask his questions?
(1) 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 (OJ 2016 L 65, p. 1).
(2) Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294, p. 1).