Opinion of the Advocate General — ECLI:EU:C:2019:208
Date: 2019-03-14
Language of the case: Italian
Subject matter: Judicial cooperation in criminal matters;Area of freedom, security and justice
Procedure: Reference for a preliminary ruling
Origin: Italy

Request for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 19 January 2018 — Criminal proceedings against Massimo Gambino and Shpetim Hyka (Case C-38/18) Language of the case: Italian Referring court Tribunale di Bari Parties to the main proceedings Massimo Gambino, Shpetim Hyka Question referred Must Articles 16, 18 and 20(b) of Directive 2012/29/EU 1 be interpreted as precluding the victim of a crime from having to give evidence again before the court sitting in a new composition when one of the parties to the proceedings, in accordance with Articles 511(2) and 525(2) of the Code of Criminal Procedure (as consistently interpreted by the case-law of the Supreme Court of Cassation), does not consent to that court reading the written record of the oral evidence previously given by that victim, in accordance with the audi alteram partem rule, before a different bench in the same proceedings? ____________ 1 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ 2012 L 315, p. 57).