# C_2023235EN.01002101.xml

| 3.7.2023 | EN | Official Journal of the European Union | C 235/21 |
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3.7.2023

EN

Official Journal of the European Union

C 235/21

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Request for a preliminary ruling from the Ekonomisko lietu tiesa (Latvia) lodged on 19 April 2023 — criminal proceedings against A, B, C, D, F, E, G, SIA AVVA, SIA Liftu alianse

(Case C-255/23, AVVA and Others)

(2023/C 235/26)

Language of the case: Latvian

Referring court

Ekonomisko lietu tiesa

Criminal proceedings against

A, B, C, D, F, E, G, SIA AVVA, SIA Liftu alianse

Questions referred

| 1. | Do Articles 1(1), 6(1)(a) and 24(1), second subparagraph, of Directive 2014/41 (1) permit legislation of a Member State according to which a person residing in a different Member State may, without a European investigation order being issued, participate by videoconference, as an accused person, in judicial proceedings, where the accused person is not being heard in that phase of the proceedings, that is to say, where no evidence is being gathered, provided the person directing the proceedings in the Member State in which the case is being tried is able, by technical means, to verify the identity of the person in the other Member State and provided that person’s rights of the defence and assistance by an interpreter are ensured? |
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1.

Do Articles 1(1), 6(1)(a) and 24(1), second subparagraph, of Directive 2014/41 (1) permit legislation of a Member State according to which a person residing in a different Member State may, without a European investigation order being issued, participate by videoconference, as an accused person, in judicial proceedings, where the accused person is not being heard in that phase of the proceedings, that is to say, where no evidence is being gathered, provided the person directing the proceedings in the Member State in which the case is being tried is able, by technical means, to verify the identity of the person in the other Member State and provided that person’s rights of the defence and assistance by an interpreter are ensured?

| 2. | If the answer to the first question is in the affirmative, could the consent of the person who is to be heard constitute an independent or supplementary criterion or prerequisite for that person to participate by videoconference in the judicial proceedings in question, where no evidence is being gathered in that phase of the proceedings, if the person directing the proceedings in the Member State in which the case is being tried is able, by technical means, to verify the identity of the person who is in the other Member State and provided that person’s rights of the defence and assistance by an interpreter are ensured? |
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2.

If the answer to the first question is in the affirmative, could the consent of the person who is to be heard constitute an independent or supplementary criterion or prerequisite for that person to participate by videoconference in the judicial proceedings in question, where no evidence is being gathered in that phase of the proceedings, if the person directing the proceedings in the Member State in which the case is being tried is able, by technical means, to verify the identity of the person who is in the other Member State and provided that person’s rights of the defence and assistance by an interpreter are ensured?

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(1)  Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ 2014 L 130, p. 1).

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