Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 15 December 2022 — Criminal proceedings against FP, QV, IN, YL, VD, JF and OL

(Case C-760/22)

(2023/C 71/22)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Defendants

FP, QV, IN, YL, VD, JF and OL

Question referred

Is the right of a defendant to be present at his or her trial, as provided for in Article 8(1) of Directive 2016/343, (1) read in conjunction with recitals 33 and 44 of that directive, infringed if, at his or her express request, he or she takes part in the court hearings being conducted in the criminal case in question via an online link, in a situation where he or she is defended by a lawyer mandated by him or her and present in the courtroom, and where that link enables him or her to follow the course of the proceedings and to adduce and be given access to evidence, where he or she can be heard without technical hindrances and he or she is guaranteed an effective and confidential means of conferring with his or her lawyer?

(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).