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Document 62020CN0420
Case C-420/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 9 September 2020 — criminal proceedings against HN
Case C-420/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 9 September 2020 — criminal proceedings against HN
Case C-420/20: Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 9 September 2020 — criminal proceedings against HN
OJ C 399, 23.11.2020, p. 24–24
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.11.2020 |
EN |
Official Journal of the European Union |
C 399/24 |
Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 9 September 2020 — criminal proceedings against HN
(Case C-420/20)
(2020/C 399/34)
Language of the case: Bulgarian
Referring court
Sofiyski rayonen sad
Parties to the main proceedings
HN
Questions referred
1. |
Is it permissible for the right of the accused person to be present in person at the trial concerning him, as provided for in Article 8(1) of Directive (EU) 2016/343 (1) 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, pp 1–11), to be restricted by national legislation under which a ban under administrative law on entering and residing in the country in which the criminal proceedings are being conducted may be imposed on foreign nationals who have been formally charged? |
2. |
If the first question were to be answered in the affirmative, would the conditions laid down in Article 8(2)(a) and/or (b) of 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, pp 1–11), with respect to the holding of a trial in the absence of a foreign accused person, be fulfilled in the case where the foreign national was duly informed of the criminal case and of the consequences of non-appearance and is represented by a mandated lawyer appointed either by the accused person or by the State, but the appearance in person of the accused person is precluded by a ban, adopted in the administrative proceedings, on entering and residing in the country in which the criminal proceedings are being conducted? |
3. |
Is it permissible for the right of the accused person to be present at the trial concerning him, as provided for in Article 8(1) of 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, pp 1–11), to be converted by national legislation into an obligation incumbent on that person under procedural law? In particular, do the Member States thereby ensure a higher level of protection within the meaning of recital 48 [of the Directive] or is such a course of action, on the contrary, incompatible with recital 35 of the Directive, which states that the aforementioned right of the accused person is not absolute and can be waived? |
4. |
Is an advance waiver by the accused person of the right to be present in person at the trial concerning him, as provided for in Article 8(1) of 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, pp 1–11), which was clearly expressed during the pre-trial investigation, permissible, provided that the accused person was informed of the consequences of non-appearance? |