CELEX: 62018CA0038
Language: en
Date: 2019-07-29 00:00:00
Title: Case C-38/18: Judgment of the Court (First Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunale di Bari — Italy) — Criminal proceedings against Massimo Gambino, Shpetim Hyka (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/29/EU — Minimum standards on the rights, support and protection of victims of crime — Articles 16 and 18 — Victim testimony before a criminal court of first instance — Change in the composition of the bench — Requirement for a victim to repeat his oral evidence at the request of one of the parties to the proceedings — Charter of Fundamental Rights of the European Union — Articles 47 and 48 — Right to a fair trial and rights of the defence — Principle of immediacy — Scope — Victim’s right to protection during criminal proceedings)

23.9.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 319/14
            
         
      Judgment of the Court (First Chamber) of 29 July 2019 (request for a preliminary ruling from the Tribunale di Bari — Italy) — Criminal proceedings against Massimo Gambino, Shpetim Hyka
      (Case C-38/18) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2012/29/EU - Minimum standards on the rights, support and protection of victims of crime - Articles 16 and 18 - Victim testimony before a criminal court of first instance - Change in the composition of the bench - Requirement for a victim to repeat his oral evidence at the request of one of the parties to the proceedings - Charter of Fundamental Rights of the European Union - Articles 47 and 48 - Right to a fair trial and rights of the defence - Principle of immediacy - Scope - Victim’s right to protection during criminal proceedings)
      (2019/C 319/13)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Bari
      
         Parties in the main criminal proceedings
      
      Massimo Gambino, Shpetim Hyka
      
         Interveners: Procura della Repubblica presso il Tribunale di Bari, Ernesto Lappostato, Banca Carige SpA — Cassa di Risparmio di Genova e Imperia
      
         Operative part of the judgment
      
      Articles 16 and 18 of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA must be interpreted as not precluding national legislation under which, where the victim of a crime has already given testimony before the bench of a criminal court of first instance and the composition of that bench is changed subsequently, the testimony of that victim must, in principle, be given before that bench in its new composition where one of the parties to the proceedings refuses to allow such a bench to rely on the written record of that victim’s first testimony.
      
         (1)  OJ C 142, 23.4.2018.