Judgment_paragraph 40 · Criminal proceedings against BK (C-175/22)

40In that context, it is necessary to emphasise the decisive importance of communicating the legal classification of the offence for effectively exercising the rights of the defence. Such communication to the accused person – or his or her lawyer – is essential in order to put that person in a position to understand what he or she is being accused of, to organise his or her defence accordingly, and – as the case may be – to contest his or her guilt by attempting to demonstrate that one or more elements of the offence used are absent.

Criminal proceedings against BK (C-175/22)

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