Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Bulgaria) lodged on 30 October 2020 – Criminal proceedings against IR
(Case C-569/20)
Language of the case: Bulgarian
Referring court
Spetsializiran nakazatelen sad
Party to the main proceedings
IR
Questions referred
Are Article 8(2)(b) in conjunction with recitals 36 to 39 of Directive 2016/343 1 and Article 4а(1)(b) in conjunction with recitals 7 to 10 of Framework Decision 2009/299 to be interpreted as covering a case in which the accused person was informed of the list of charges against him, in its original version, and then, due to the fact that he has fled, objectively cannot be informed of the trial and is defended by a lawyer appointed ex officio with whom he has no contact?
If this is answered in the negative: Is a national provision (Article 423(1) and (5) of the NPK), pursuant to which no provision is made for any legal protection against investigative measures carried out in absentia and against a conviction handed down in absentia where the accused person, after having been informed of the original list of charges, is in hiding and therefore could not be informed of the date and place of the trial or of the consequences of non-appearance, consistent with Article 9 in conjunction with the second sentence of Article 8(4) of Directive 2016/343 and Article 4а(3) in conjunction with Article 4a(1)(d) of Framework Decision 2009/299?
If this is answered in the negative: Does Article 9 of Directive 2016/343 in conjunction with Article 47 of the Charter have direct effect?
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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).