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2018-06 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2018)

handle is hein.intyb/rcbjcofi0404 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL BOT delivered on 4 April 2017' Case C-612/15 Criminal proceedings against Nikolay Kolev, Stefan Kostadinov (Request for a preliminary ruling from the Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria)) (Reference for a preliminary ruling - Criminal proceedings - Directive 2012/13/EU - Right to be informed of the accusation - Right of access to the file - Directive 2013/48/EU - Right of access to a lawyer - Fraud affecting the financial interests of the European Union - Criminal offences - Effective and dissuasive penalties - Pre-determined period - Termination of the criminal proceedings without examining the merits of the accusations - Right to a fair trial - Rights of the defence - Reasonable time) 1. This case provides the Court with the opportunity to rule on fundamental concepts of criminal law. It is being asked by the Spetsializiran nakazatelen sad (Specialised Criminal Court, Bulgaria) to rule on whether EU law must be interpreted as precluding a national law requiring the court before which the person concerned has brought the matter to terminate criminal proceedings brought against him where a period of more than two years has elapsed since the beginning of the pre-trial investigation, whatever the seriousness of the matter and without it being possible to overcome the deliberate obstruction placed by the accused persons. The Court is asked to examine what the consequences of any incompatibility of that national law with EU law would be in those circumstances. 2. Moreover, the referring court addresses a number of questions to the Court concerning the time when the accused person must be informed of the accusation made against him and the time when that person, or his lawyer, must have access to the case file documents. Finally, the Court is called upon to examine whether a provision of national law providing that a lawyer representing defendants with conflicting interests in the same case must be removed and replaced by a court-appointed lawyer is contrary to EU law. 1 Original language: French. EN ECLI:EU:C:2017:257 1

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