Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/13/2017

Subject: The Court affirmed that Directive 2012/13/EU on the right to information in criminal proceedings does not preclude legislation of a Member State, which, in criminal proceedings, provides that the accused person who neither resides in that Member State nor has a fixed place of residence in that State or in his Member State of origin is required to appoint an agent for the purposes of service of a penalty order concerning him and that the period for lodging an objection to that order, before it becomes enforceable, runs from service of that order on that agent. Directive 2012/13, however, requires that when the penalty order is enforced, as soon as the person concerned has actually become aware of the order, he should be placed in the same situation as if that order had been served on him personally and, in particular, that he have the whole of the prescribed period for lodging an objection, where necessary, benefiting from having his position restored to the status quo ante

Parties: Ianos Tranca e a.

Classification: Justice - Art. 48 Rights of defence

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