Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/22/2023

Subject: According to the Court, EU law does not preclude, in principle, a prohibition on a national court raising of its own motion a breach of the obligation to inform a suspect promptly of his or her right to remain silent. However, the suspect must not have been deprived of a practical and effective opportunity to have access to a lawyer, having obtained legal aid if necessary, and must, like his or her lawyer (if any), have had a right of access to the file and the right to invoke that breach within a reasonable period of time

Parties: K.B. e F.S. (Relevé d’office dans le domaine pénal)

Classification: Justice - Art. 47 Right to be advised, defended, and represented - Legal aid - Art. 48 Presumption of innocence - Rights of defence

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