CELEX: 62017CA0646
Language: en
Date: 2019-06-13 00:00:00
Title: Case C-646/17: Judgment of the Court (First Chamber) of 13 June 2019 (request for a preliminary ruling from the Tribunale di Brindisi — Italy) — Criminal proceedings against Gianluca Moro (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2012/13/EU — Right to information in criminal proceedings — Article 6(4) — Right of a person to be informed about the accusation against him — Being informed about any change in the information provided when that is necessary to safeguard the fairness of the proceedings — Change in the legal classification of the acts upon which the accusation is based — The accused person being unable to request, during the trial proceedings, the imposition of a negotiated penalty provided for under national law — Difference in the event of a change in the facts on which the accusation is based)

5.8.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 263/6
            
         
      Judgment of the Court (First Chamber) of 13 June 2019 (request for a preliminary ruling from the Tribunale di Brindisi — Italy) — Criminal proceedings against Gianluca Moro
      (Case C-646/17) (1)
      
      (Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2012/13/EU - Right to information in criminal proceedings - Article 6(4) - Right of a person to be informed about the accusation against him - Being informed about any change in the information provided when that is necessary to safeguard the fairness of the proceedings - Change in the legal classification of the acts upon which the accusation is based - The accused person being unable to request, during the trial proceedings, the imposition of a negotiated penalty provided for under national law - Difference in the event of a change in the facts on which the accusation is based)
      (2019/C 263/06)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Brindisi
      
         Parties in the main criminal proceedings
      
      Gianluca Moro
      
         Operative part of the judgment
      
      Article 6(4) of Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings, and Article 48 of the Charter of Fundamental Rights of the European Union must be interpreted as not precluding national legislation under which the accused person may request, during the trial proceedings, the imposition of a negotiated penalty in the event of a change in the facts on which the accusation is based, and not in the event of a change in the legal classification of the acts on which the accusation is based.
      
         (1)  OJ C 52, 12.2.2018.