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European Observer on fundamental right's respect

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Case Law C-282/20 (21/10/2021)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/21/2021

Subject: The Court affirmed that Directive 2012/13/EU on the right to information in criminal proceedings and Article¬†47 of the Charter of Fundamental Rights of the European Union preclude national legislation which does not provide for a procedural means of remedying, errors and deficiencies in the indictment which prejudice the right of the accused person to be provided with detailed information about the charges following the pre-trial hearing in a criminal case. According to the Court, the referring court must to give an interpretation of the national rules on the amendment of the charges, as far as possible in a manner consistent with that law, so as to enable the prosecutor to remedy errors and omissions in the content of the indictment at the trial, while at the same time actively and genuinely safeguarding the rights of the defence of the accused person. Only if the referring court considers that such an interpretation is not possible should it disregard the national provision prohibiting the suspension of court proceedings and refer the case back to the public prosecutor in order for the latter to draw up a new indictment

Parties: ZX (R√©gularisation de l'acte d'accusation)

Classification: Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal - Art. 48 Rights of defence

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