28Since Article 8(4) and Article 9 of Directive 2016/343 set out the field of application and the extent of the right to a new trial unconditionally and sufficiently precisely, those provisions must be regarded as having direct effect. Therefore, any person having the right to a new trial may assert that right against the Member State concerned, before the national courts, either where that Member State has failed to transpose the directive into national law within the period prescribed or where it has transposed the directive incorrectly (see, to that effect, judgment of 25 July 2018, Alheto, C‑585/16, EU:C:2018:584, paragraphs 98 and 99).
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