Judgment_paragraph 71 · Criminal proceedings against PT (C-432/22)

71That fundamental principle of EU law is infringed if a judicial decision is based on facts and documents of which the parties themselves, or one of them, have not been able to take cognisance and in relation to which they have not therefore been able to formulate an opinion (see, to that effect, judgments of 22 March 1961, Snupat v High Authority, 42/59 and 49/59, EU:C:1961:5, p. 84, and of 17 November 2022, Harman International Industries, C‑175/21, EU:C:2022:895, paragraph 63). In addition, the principles of fair trial require that in appropriate cases the interests of the defence are balanced against those of witnesses or victims called upon to testify (judgment of 29 July 2019, Gambino and Hyka, C‑38/18, EU:C:2019:628, paragraph 41).

Criminal proceedings against PT (C-432/22)

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