Case C-769/19: Order of the Court (Tenth Chamber) of 14 January 2021 — (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal procedure against UC, TD (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Judicial cooperation in criminal matters — Directive 2012/13/EU — Right to information in criminal proceedings — Article 6 — Right of suspects or accused persons to be informed of their rights — Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union — Dealing with a case in a reasonable time — National legislation providing for the discontinuance of judicial proceedings in the case of a finding of deficiencies in the bill of indictment by the court — Remission of the matter to the public prosecutor’s office for a new bill of indictment to be drawn up — Admissibility)
Date: 2021-01-14
Institutions: Court of Justice
Subjects: charge, criminal proceedings, freedom of self-determination, judicial cooperation in criminal matters in the EU, primacy of EU law, public prosecutor's department, right to information, rights of the defence








C_2021138EN.01001402.xml










19.4.2021   


EN


Official Journal of the European Union


C 138/14






Order of the Court (Tenth Chamber) of 14 January 2021 — (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal procedure against UC, TD
(Case C-769/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court - Judicial cooperation in criminal matters - Directive 2012/13/EU - Right to information in criminal proceedings - Article 6 - Right of suspects or accused persons to be informed of their rights - Second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union - Dealing with a case in a reasonable time - National legislation providing for the discontinuance of judicial proceedings in the case of a finding of deficiencies in the bill of indictment by the court - Remission of the matter to the public prosecutor’s office for a new bill of indictment to be drawn up - Admissibility)
(2021/C 138/18)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties in the main criminal proceedings

UC, TD

Interested party: Spetsializirana prokuratura

Operative part of the order

Article 6(1), (3) and (4), 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, the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union as well as the principle of primacy of EU law and the right to respect for human dignity must be interpreted as not precluding national legislation which, in the case of a deficient bill of indictment the content of which is unclear, incomplete or inconsistent, in no circumstances allows the public prosecutor to remedy the deficiencies by correcting them at the preliminary hearing during which they are established and instead obliges the court to discontinue the judicial proceedings and remit the matter to the public prosecutor’s office for a new bill of indictment to be drawn up.


(1)  OJ C 27, 27.1.2020.