Criminal Proceedings against Maria Pupino

Case C-105/03, Judgment of the Court (Grand Chamber) of 16 June 2005, [2005] ECR I-5285 (2005)

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Criminal Proceedings against Maria Pupino

European Union Court of Justice
Case C-105/03, Judgment of the Court (Grand Chamber) of 16 June 2005, [2005] ECR I-5285 (2005)

Facts

Maria Pupino (defendant) was charged with criminal mistreatment of children in her care. Under Italian criminal law, a two-phase process was used, with the evidence customarily presented in the second phase. Due to concerns about the memories of the affected children, the Italian prosecutor (plaintiff) sought to take the children’s testimonial evidence in the first phase. Exceptions for the taking of evidence in the first phase under Italian law did not apply, but European Union (EU) law allowed for special treatment of vulnerable victims in criminal cases. The Italian court—the tribunale—referred the issue of the potential application of EU law to the European Union Court of Justice.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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