Case C-15/24 PPU

DECISION

Title: Judgment of the Court (First Chamber) of 14 May 2024. Criminal proceedings against CH. Request for a preliminary ruling from the Sofiyski rayonen sad. Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2013/48/EU – The right of access to a lawyer in criminal proceedings – Art. 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. Case C-15/24 PPU.
ECLI identifier: ECLI:EU:C:2024:399
Judge-Rapporteur: Kumin
Type of procedure: Preliminary reference - urgent procedure
Complementary documents:: Summary

14/05/2024

Title: Opinion of Advocate General Collins delivered on 11 April 2024. Criminal proceedings against CH. Request for a preliminary ruling from the Sofiyski rayonen sad. Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2013/48/EU – The right of access to a lawyer in criminal proceedings – Art. 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. Case C-15/24 PPU.
ECLI identifier: ECLI:EU:C:2024:303
Advocate General: Collins

11/04/2024