CELEX: 62013CN0224
Language: en
Date: 2013-04-26 00:00:00
Title: Case C-224/13: Request for a preliminary ruling from the Tribunale di Cagliari (Italy) lodged on 26 April 2013 — Criminal proceedings against Sergio Alfonso Lorrai

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/13
            
         Request for a preliminary ruling from the Tribunale di Cagliari (Italy) lodged on 26 April 2013 — Criminal proceedings against Sergio Alfonso Lorrai
   (Case C-224/13)
   2013/C 207/23
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Cagliari
   
      Parties to the main proceedings
   
   Sergio Alfonso Lorrai
   
      Questions referred
   
   
               1.
            
            
               On a proper construction of Article 6 ECHR and of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, do those provisions preclude the application of Articles 70, 71 and 72 of the [Italian] Criminal Procedure Code in so far as they require criminal proceedings to be stayed indefinitely and, in addition, regular expert assessments to be carried out in respect of the defendant, once it has been ascertained that that defendant is incapable of taking part in the proceedings in a state of full awareness, by reason of a medical condition which is irreversible and unlikely to improve?
            
         
               2.
            
            
               On a proper construction of Article 6 ECHR and of the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, do those provisions preclude the application of point (3) of the first paragraph of Article 159 of the Criminal Code in so far as it requires the limitation period to be prolonged indefinitely (extended on a six-month basis under Article 72 of that Code) in the event that a defendant is incapable of taking part in the proceedings in a state of full awareness, by reason of a medical condition which is irreversible and unlikely to improve?