CELEX: 62018CA0310
Language: en
Date: 2018-09-19 00:00:00
Title: Case C-310/18 PPU: Judgment of the Court (First Chamber) of 19 September 2018 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — criminal proceedings against Еmil Milev (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence — Public references to guilt — Remedies — Procedure for reviewing the lawfulness of pre-trial detention)

12.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 408/32
            
         
      Judgment of the Court (First Chamber) of 19 September 2018 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — criminal proceedings against Еmil Milev
      (Case C-310/18 PPU) (1)
      
      ((Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Presumption of innocence - Public references to guilt - Remedies - Procedure for reviewing the lawfulness of pre-trial detention))
      (2018/C 408/41)
      Language of the case: Bulgarian
      
         Referring court
      
      Spetsializiran nakazatelen sad
      
         Party to the main proceedings
      
      Еmil Milev
      
         Operative part of the judgment
      
      Article 3 and Article 4(1) of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings must be interpreted as not precluding the adoption of preliminary decisions of a procedural nature, such as a decision taken by a judicial authority that pre-trial detention should continue, which are based on suspicion or on incriminating evidence, provided that such decisions do not refer to the person in custody as being guilty. However, that directive does not govern the circumstances in which decisions on pre-trial detention may be adopted.
      
         (1)  OJ C 268, 30.7.2018.