Absent Witnesses and EU Law: A Groundbreaking Ruling by the CJEU in Criminal Matters

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 55-66 | European Forum Insight of 5 May 2023 | (Table of Contents) The Insight focuses on case C-348/21 HYA and Others, in which the Court of Justice deals with the admissibility at the trial of the statements of an absent witness questioned at the investigative stage. On the basis of art. 8 Directive 2016/343, the EU judges first derived the right to examine witnesses from the right to be present at the trial; then, drawing inspiration from the Strasbourg case-law, the Court of Justice ruled that such statements may be used as evidence, albeit with certain limitations. The stance taken by the Court fully demonstrates the expansive strength of the “Stockholm Directives” but also reveals an uncritical compliance with the positions held by the European Court of Human Rights. | (Abstract) I. Introduction. - II. The Facts and the Preliminary Question. - III. The Ruling of the Court. - IV. Burden of Proof, Presumption of Innocence and Compliance with Evidentiary Rules. - V. From the Right to Be Present to the Right to Confront Witnesses. - VI. Rights of the Defense and the Principle of Proportionality. - VII. Conclusions.

Keywords

• absent witness
• testimony
• trial
• witness statements
• evidence
• directive 2016/343/eu