Court of Justice (Fourth Chamber) 16 January 2025, C-644/23 (Criminal proceedings against IR.)

Also known as

The Court's judgment addresses the interpretation of Articles 8 and 9 of Directive (EU) 2016/343 concerning the right to be present at trial and the right to a new trial in the context of a defendant who absconds. It concludes that national legislation may deny the right to a new trial for individuals who have fled after receiving a preliminary indictment, provided that they were adequately informed of the trial and represented by a lawyer during the proceedings in absentia. The ruling emphasizes the need for Member States to ensure that their laws align with the principles established in the Directive while allowing for the enforcement of decisions made in the absence of the accused under certain conditions.AI