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European Observer on fundamental right's respect

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Case Law C-416/20 PPU (17/12/2020)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/17/2020

Subject: According to the Court, the executing judicial authority cannot refuse the execution of the European Arrest Warrant issued for the purpose of executing a custodial sentence or detention order if the person concerned obstructed subpoena and was not physically present at this proceeding by reason of the flight to the executing Member State for the sole reason that he doesn’t know that, in the case of the surrender to the issuing Member State, the right to a new trial, as defined in Articles 8 and 9 of Directive 2016/343/EU, on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, will be respected

Parties: Generalstaatsanwaltschaft Hamburg

Classification: Justice - Art. 47 Fair trial, public hearing - Art. 48 Presumption of innocence - Rights of defence - Art. 49 Criminal Law

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