Request for a preliminary ruling from the Sofiyski gradski sad (Bulgaria) lodged on 29 June 2023 – Criminal proceedings against PT

(Case C-398/23, PT II)

Language of the case: Bulgarian

Referring court

Sofiyski gradski sad

Defendant

PT

Questions referred

Is a national law which stipulates that the co-defendants and their defence counsel must give their consent in order for an agreement discontinuing criminal proceedings against a defendant to receive approval when those proceedings are at the trial stage, but under which such consent is not required when those proceedings are at the pre-trial stage, compatible with Article 4(1) and Article 5 of Framework Decision 2004/757 ¹ and Article 4 of Framework Decision 2008/841, ² read in conjunction with Article 20 of the Charter?

Is a national law that limits the possibility for a defendant to have the court examine the substance of an agreement he or she has entered into (under which he or she is to receive a more lenient penalty) – that limitation consisting of a requirement for the consent of the co-defendants to be obtained – compatible with Article 4(1) of Framework Decision 2004/757, read in conjunction with Articles 48(2) and 52(1) of the Charter?

Is a national law that provides for that limitation also as a consequence of providing the defendant with detailed information on the accusation compatible with Article 6(3), read in conjunction with Article 6(1) of Directive 2012/13 ¹ and in conjunction with Articles 47(1) and 52(1) of the Charter?

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¹ Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking (OJ 2004 L 335, p. 8)

¹ Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ 2008 L 300, p. 42).

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).