31.8.2020

Official Journal of the European Union

C 287/29

(Case C-282/20)

(2020/C 287/46)

Language of the case: Bulgarian

Referring court

Party to the main proceedings

Questions referred

Is a provision of national law, namely Article 248(3) of the Nakazatelno protsesualen kodeks (Bulgarian Code of Criminal Procedure), which does not provide for a procedural rule for the rectification, after completion of the first hearing in criminal proceedings (preliminary hearing), of substantive ambiguities and shortcomings in the bill of indictment which infringe the accused person’s right to be informed of the accusation, compatible with Article 6(3) of Directive 2012/13 (1) and with Article 47 of the Charter of Fundamental Rights of the European Union?

If the answer to that question is in the negative: Would an interpretation of the national provisions governing amendment of the bill of indictment that allows the public prosecution service to rectify those substantive ambiguities and shortcomings in the bill of indictment at the hearing, so as to take proper and effective account of the accused person’s right to be informed of the accusation, be in keeping with the aforesaid provisions and with Article 47 of the Charter, or would it be in keeping with those provisions to refrain from applying national legislation prohibiting the staying of court proceedings and referral of the case back to the public prosecution service with directions to draft a new bill of indictment?

(1) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1).