# C_2023252EN.01000601.xml

| 17.7.2023 | EN | Official Journal of the European Union | C 252/6 |
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17.7.2023

EN

Official Journal of the European Union

C 252/6

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Judgment of the Court (Fourth Chamber) of 25 May 2023 (request for a preliminary ruling from the Sofiyski rayonen sad — Bulgaria) — criminal proceedings of an administrative nature against XN

(Case C-608/21, (1) Politseyski organ pri 02 RU SDVR)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2012/13/EU - Right to information in criminal proceedings - Article 6 - Right of a person to be informed of the charges brought against him or her - Article 7 - Right of access to documents in the file - Effective exercise of the rights of the defence - Article 6 of the Charter of Fundamental Rights of the European Union - Right to liberty and security - Communication of the grounds for the detention of the suspected or accused person in a separate document - Time at which that communication must be made)

(2023/C 252/05)

Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Party to the criminal proceedings

XN

Intervener: Politseyski organ pri 02 RU SDVR

Operative part of the judgment

| 1. | Article 6(2) of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings
  must be interpreted as meaning that it does not preclude the application of national legislation under which the grounds for the detention of persons suspected or accused of having committed a criminal offence, including information concerning the criminal act which they are suspected or accused of having committed, may be set out in documents other than the detention order. By contrast, that provision precludes such information from being communicated to those persons only where they challenge the legality of the detention before the courts and not at the time of deprivation of liberty or within a short period of time after being deprived of liberty. |
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1.

Article 6(2) of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings

must be interpreted as meaning that it does not preclude the application of national legislation under which the grounds for the detention of persons suspected or accused of having committed a criminal offence, including information concerning the criminal act which they are suspected or accused of having committed, may be set out in documents other than the detention order. By contrast, that provision precludes such information from being communicated to those persons only where they challenge the legality of the detention before the courts and not at the time of deprivation of liberty or within a short period of time after being deprived of liberty.

| 2. | Article 6(2) of Directive 2012/13
  must be interpreted as meaning that it requires the grounds for the detention of persons suspected or accused of having committed a criminal offence to contain all the information necessary to enable those persons to effectively challenge the lawfulness of their detention. While taking account of the stage of the criminal proceedings so as not to prejudice the progress of an ongoing investigation, that information must contain a description of the relevant facts known to the competent authorities, including the known time and place of the events, the nature of the actual participation of those persons in the alleged offence and the legal classification provisionally adopted. |
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2.

Article 6(2) of Directive 2012/13

must be interpreted as meaning that it requires the grounds for the detention of persons suspected or accused of having committed a criminal offence to contain all the information necessary to enable those persons to effectively challenge the lawfulness of their detention. While taking account of the stage of the criminal proceedings so as not to prejudice the progress of an ongoing investigation, that information must contain a description of the relevant facts known to the competent authorities, including the known time and place of the events, the nature of the actual participation of those persons in the alleged offence and the legal classification provisionally adopted.

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(1)  OJ C 198, 16.5.2022.

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