Opinion of the Advocate General — ECLI:EU:C:2024:863
Date: 2024-10-04
Language of the case: French
Procedure: Reference for a preliminary ruling
Origin: France

summary of the acts of which AK is accused, the second part provides a criminal classification of those acts, states the evidence relied on against her and sets out the reasons why it is appropriate to order her to make a bail payment and for her to be remanded in custody pending trial, and the third, operative, part of the document, declares that AK is thereby indicted, orders that she is remanded in custody pending trial and that she make a bail payment of EUR 30 000. 30 See point 41 of the present Opinion. 31 It is apparent from the indictment of 30 September 2009 that the purpose of making a bail payment is to cover ‘the financial liabilities which [AK could] face in the future’ if, in addition to being found criminally liable, she were to be declared civilly liable. 32 See, to that effect, judgment of 8 December 2020, Staatsanwaltschaft Wien (Falsified transfer orders) (C‑584/19, EU:C:2020:1002, paragraph 73). 33 In that connection, AK observes that the right of an accused person to make observations on his or her indictment in the presence of his or her lawyer is provided for in the Spanish Code of Criminal Procedure as part of the procedure for the service of an indictment. 34 See, inter alia, Articles 5 to 7 and 9 of Directive 2014/41.