# C_2022198EN.01001501.xml

| 16.5.2022 | EN | Official Journal of the European Union | C 198/15 |
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16.5.2022

EN

Official Journal of the European Union

C 198/15

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Request for a preliminary ruling from the Sofiyski rayonen sad (Bulgaria) lodged on 29 September 2021 — XN v Politseyski organ pri 02 RU SDVR

(Case C-608/21)

(2022/C 198/21)

Language of the case: Bulgarian

Referring court

Sofiyski rayonen sad

Parties to the main proceedings

Applicant: XN

Defendant: Politseyski organ pri 02 RU SDVR

Questions referred

| 1. | Is Article 8(1) of Directive 2012/13/EU (1) of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1), read in conjunction with Article 6(2) thereof, to be interpreted as precluding national legislation which is applied in a corrective manner on the basis of settled case-law in the EU Member State concerned and under which it is permissible that information concerning the grounds for detaining a suspect, including information concerning the criminal offence of which he or she is suspected, is not contained in the written detention order, but in other accompanying documents (originating before or after that order) which are not provided to him or her immediately and of which the person can subsequently be informed in the event that he or she challenges the legality of the detention before the courts? |
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1.

Is Article 8(1) of Directive 2012/13/EU (1) of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings (OJ 2012 L 142, p. 1), read in conjunction with Article 6(2) thereof, to be interpreted as precluding national legislation which is applied in a corrective manner on the basis of settled case-law in the EU Member State concerned and under which it is permissible that information concerning the grounds for detaining a suspect, including information concerning the criminal offence of which he or she is suspected, is not contained in the written detention order, but in other accompanying documents (originating before or after that order) which are not provided to him or her immediately and of which the person can subsequently be informed in the event that he or she challenges the legality of the detention before the courts?

| 2. | Is 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 (OJ 2012 L 142, p. 1) to be interpreted as meaning that, in order to ensure the effective exercise of the rights of the defence, the information concerning the criminal offence of which an arrested person is suspected must contain details regarding the time, place and manner of the commission of the offence, that person’s specific involvement in it and the consequent criminal nature of the offence? |
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2.

Is 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 (OJ 2012 L 142, p. 1) to be interpreted as meaning that, in order to ensure the effective exercise of the rights of the defence, the information concerning the criminal offence of which an arrested person is suspected must contain details regarding the time, place and manner of the commission of the offence, that person’s specific involvement in it and the consequent criminal nature of the offence?

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(1)  OJ 2012 L 142, p. 1.

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