CELEX: 62007CA0404
Language: en
Date: 2008-10-09 00:00:00
Title: Case C-404/07: Judgment of the Court (Third Chamber) of 9 October 2008 (reference for a preliminary ruling from the Fővárosi Bíróság, Republic of Hungary) — Criminal proceedings brought by Győrgy Katz against István Roland Sós (Police and judicial cooperation in criminal matters — Framework Decision 2001/220/JHA — Standing of victims in criminal proceedings — Private prosecutor in substitution for the public prosecutor — Testimony of the victim as a witness)

22.11.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/11
            
         Judgment of the Court (Third Chamber) of 9 October 2008 (reference for a preliminary ruling from the Fővárosi Bíróság, Republic of Hungary) — Criminal proceedings brought by Győrgy Katz against István Roland Sós
   (Case C-404/07) (1)
   
   (Police and judicial cooperation in criminal matters - Framework Decision 2001/220/JHA - Standing of victims in criminal proceedings - Private prosecutor in substitution for the public prosecutor - Testimony of the victim as a witness)
   (2008/C 301/20)
   Language of the case: Hungarian
   Referring court
   Fővárosi Bíróság
   Parties in the criminal proceedings
   Győrgy Katz against István Roland Sós
   Re:
   Reference for a preliminary ruling — Fővárosi Bíróság — Interpretation of Articles 2 and 3 of Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L 82, p. 1) — National legislation precluding the possibility of the victim giving evidence in criminal proceedings instituted by the victim as a substitute private prosecutor
   Operative part of the judgment
   Articles 2 and 3 of Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings are to be interpreted as not obliging a national court to permit the victim to be heard as a witness in criminal proceedings instituted by a substitute private prosecution such as that in issue in the main proceedings. However, in the absence of such a possibility, it must be possible for the victim to be permitted to give testimony which can be taken into account as evidence.
   
      (1)  OJ C 283, 24.11.2007.