Questions referred:

Is the right of the accused person to be present in person under Article 8(1) of Directive 2016/343, read in conjunction with Article 10(1) and recital 44 thereof, safeguarded where a witness has been examined in the absence of the accused person at a separate hearing but the accused person had the opportunity to put questions to that witness at the subsequent hearing but stated that he or she had no questions, or is it necessary, in order to safeguard the right to be present in person, for that examination to be repeated in its entirety, including the questions put by the other parties who were present at the first examination?

Is the right to be defended by a lawyer under Article 3(1) of Directive 2013/48, read in conjunction with Article 12(1) thereof, safeguarded where two witnesses have been examined in the absence of the lawyer at two separate hearings but the lawyer was given the opportunity to put questions to the two witnesses at the subsequent hearing, or is it necessary, in order to safeguard the right of defence by a lawyer, for those two examinations to be repeated in their entirety, including the questions of the other parties from the first hearing, and, in addition, for the lawyer who was absent from the two previous hearings to be given the opportunity to ask his questions?

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