C-15/24 PPUCriminal proceedings against CH

Domstolens egne nøkkelord

Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2013/48/EU – The right of access to a lawyer in criminal proceedings – Art. 3(6)(b) – Temporary derogation from the right of access to a lawyer in exceptional circumstances – Article 9 – Waiver of the presence or assistance of a lawyer – Conditions – Article 12(2) – Respect for the rights of the defence and the fairness of the proceedings – Admissibility of evidence – Article 47 of the Charter of Fundamental Rights of the European Union. – Written waiver of an illiterate suspect’s right of access to a lawyer – No explanation as to the possible consequences of waiving that right – Implications for subsequent investigative acts – Decision on an appropriate restraint measure – Assessment of evidence obtained in breach of the right of access to a lawyer.

Tolker