Request for a preliminary ruling from the Spetsialisiran nakazatelen sad (Bulgaria) lodged on 13 July 2022 — Criminal proceedings against VB

(Case C-468/22)

(2022/C 408/43)

Language of the case: Bulgarian

Referring court

Spetsialisiran nakazatelen sad

Accused person

VB

Question referred

Is it compatible with Article 9 of Directive 2016/343 (1) and the principle of effectiveness for a national provision such as Article 423(3) of the NPK to oblige a person who makes a request for a new trial, because he or she had been absent from the first trial and neither of the cases in Article 8(2) [of that directive] applied, to appear before the court in person in order to have that request examined on the merits?

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(1)  Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings (OJ 2016 L 65, p. 1).