Court of Justice (Second Chamber) 8 May 2025, C-530/23 (Criminal proceedings against K.P.)

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In a preliminary ruling arising from Polish criminal proceedings against a suspect with a history of schizophrenia and drug use who was questioned without a lawyer, the Court of Justice (Second Chamber) held that Article 2(1)(b), Article 4(5), and Article 9 of Directive 2016/1919, read in conjunction with Article 3(2)(a)–(c) and Article 3(3) of Directive 2013/48, require Member States to ascertain and acknowledge a suspect's vulnerability before questioning or investigative measures, and to ensure access to a lawyer under legal aid without undue delay and at the latest before such questioning or acts. The Court further held that Article 12 of Directive 2013/48 and Article 8 of Directive 2016/1919 require that decisions on vulnerability assessment and refusal of legal aid be reasoned and subject to an effective remedy, while those provisions do not mandate automatic exclusion of evidence obtained in breach of those directives, provided the trial court can assess compliance with Articles 47 and 48(2) of the Charter and draw appropriate inferences as to probative value. The Court also confirmed that the relevant provisions of both directives have direct effect, obliging all national authorities—including police and prosecutors—to disapply incompatible national rules where conforming interpretation is impossible.AI