case for the prosecution

case for the prosecution

2. All written communications not referred to in paragraph 1 between the court or tribunal and the parties or other persons involved in the proceedings shall be carried out by electronic means attested by an acknowledgment of receipt, where such means are technically available and admissible in accordance with the procedural rules of the Member State in which the European Small Claims Procedure is conducted, provided that the party or person has accepted in advance such means of communication or is, in accordance with the procedural rules of the Member State in which that party or person is domiciled or habitually resident, unde ...[+++]r a legal obligation to accept such means of communication.

Is a national law compatible with the obligation of a Member State to provide for the effective prosecution of criminal offences by customs officials if that law provides for criminal proceedings brought against customs officials — for participation in a conspiracy to commit corruption offences while performing their professional duties (accepting bribes for non-performance of customs inspections), and for specific bribery offences and concealment of bribes received — to be terminated, without the court having examined the charges brought, under the following conditions: (a) two years have elapsed since the accused was charged; (b) the accused has lodged a request for the pre-trial investigation to be concluded; (c) the court has given th ...[+++]e prosecutor a period of three months to conclude the pre-trial investigation; (d) during that period, the prosecutor has committed ‘infringements of essential procedural requirements’ (failure properly to notify a supplementary charge, failure to disclose the investigation file, contradictory indictment); (e) the court has given the prosecutor a further period of one month to remedy those ‘infringements of essential procedural requirements’; ([f]) the prosecutor has failed to remedy the ‘infringements of essential procedural requirements’ within that time-limit — albeit that the infringements committed within the first three-month period and the failure to remedy them within the subsequent one-month period are attributable both to the prosecutor (failure to remove contradictions in the indictment; failure to take real action for most of those periods) and also to the defence (breach of the duty to cooperate with respect to notification of the charge and inspection of the investigation file due to the hospitalisation of the accused and claims regarding the lawyers’ other professional commitments); ([g]) the accused has acquired a subjective right to the termination of the criminal proceedings on account of the failure to reme ...

Would the infringement during the pre-trial investigation of the right of access to a lawyer enshrined in Article 3(1) of Directive 2013/48 have an effect on the ‘[practical and effective] exercise [of] rights of defence’ if, after submission of the indictment to the court, the court granted the lawyer full access to the final and detailed indictment and to all the case materials, and then adopted measures to guarantee to the lawyer that all statements made by him after studying the detailed indictment and all the case materials would have the same effect as they would have had if those statements had been made to the prosecutor before s ...[+++]ubmission of the indictment to the court?

if that information was provided after the actual submission of the merits of the accusation [(also referred to below as ‘the indictment’)] to a court but before examination of the indictment by the court, or if, at an earlier stage, prior to submission of the indictment to the court, the defence was provided with full information about the essential elements of the accusation (as in Mr Hristov’s case)?