Case C-660/21

Case Information	Subject Matter	Stage of Proceedings
C-660/21 Party K.B. and F.S. (Relevé d’office dans le domaine pénal) Type of proceeding Reference for a preliminary ruling Referring court Tribunal correctionnel de Villefranche-sur-Saône - France	Question referred: Must Arts. 3 (Right to information about rights) and 4 (Letter of Rights on arrest) of Directive 2012/13 and Art. 7 (Right to remain silent) of Directive 2016/343 in conjunction with Art. 48 (Presumption of innocence and right of defence) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the prohibition on the national court raising of its own motion a violation of the rights of the defence as guaranteed by those directives, more specifically in so far as it is prohibited from raising of its own motion, with a view to the annulment of the procedure, a failure to give notification of the right to remain silent at the time of the arrest or a late notification of the right to remain silent? Categories Procedural Safeguards Related links ECJ: National Prohibitions to Examine Violations of the Duty to Inform Suspects of their Right to Remain Silent Possible ^News	Request Opinion (AG) Judgment

Case Information

Subject Matter

Stage of Proceedings

C-660/21

Party: K.B. and F.S. (Relevé d’office dans le domaine pénal)
Type of proceeding: Reference for a preliminary ruling
Referring court: Tribunal correctionnel de Villefranche-sur-Saône - France

Question referred: Must Arts. 3 (Right to information about rights) and 4 (Letter of Rights on arrest) of Directive 2012/13 and Art. 7 (Right to remain silent) of Directive 2016/343 in conjunction with Art. 48 (Presumption of innocence and right of defence) of the Charter of Fundamental Rights of the European Union be interpreted as precluding the prohibition on the national court raising of its own motion a violation of the rights of the defence as guaranteed by those directives, more specifically in so far as it is prohibited from raising of its own motion, with a view to the annulment of the procedure, a failure to give notification of the right to remain silent at the time of the arrest or a late notification of the right to remain silent?

Case C-660/21

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