Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

15/11/2022 - The double hearing of the witness heals the non-presence of the accused

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: Trial - addition hearing - witness

In October 2022, the Court of Justice of the European Union with the judgment C-347/21 (DD) specified that the defendant and his lawyer have the possibility to repeat the activities already carried out in the hearings in which they did not participate independently of one’s will and, therefore, it is not necessary to repeat the hearing in full or invalidate the procedural documents performed. The additional hearing of a witness against him, already questioned in a hearing without the participation of the defendant or his lawyer, heals the violation of the right to be present at his trial.