CELEX: 62019CA0653
Language: en
Date: 2019-11-28 00:00:00
Title: Case C-653/19 PPU: Judgment of the Court (First Chamber) of 28 November 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 6 — Burden of proof — Continuation of the detention on remand pending trial of an accused person)

3.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 36/15
            
         
      Judgment of the Court (First Chamber) of 28 November 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DK
      (Case C-653/19 PPU) (1)
      
      (Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Article 6 - Burden of proof - Continuation of the detention on remand pending trial of an accused person)
      (2020/C 36/19)
      Language of the case: Bulgarian
      
         Referring court
      
      Spetsializiran nakazatelen sad
      
         Party in the main proceedings
      
      DK
      
         Interested party: Spetsializirana prokuratura
      
         Operative part of the judgment
      
      Article 6 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, and Articles 6 and 47 of the Charter of Fundamental Rights of the European Union do not apply to a national law that makes the release of a person held in detention on remand pending trial conditional on that person establishing the existence of new circumstances justifying that release.
      
         (1)  OJ C 399, 25.11.2019.