PRESS RELEASE No 130/24

Luxembourg, 5 September 2024

Judgment of the Court in Case C-603/22 | M.S. and Others (Procedural rights of a child)

Fair trial: minors subject to criminal proceedings must have the practical and effective opportunity to be assisted by a lawyer

Such assistance must be offered at the latest by the time they are first questioned by the police

Criminal proceedings against three minors were brought before a Polish court. They were charged with having broken into the buildings of a disused former holiday centre.

During those proceedings, it was found that the suspects had been questioned by the police in the absence of a lawyer. Before they were first questioned, neither they nor their parents had been informed of their rights or the conduct of the proceedings. The court-appointed lawyers therefore requested that previous statements made by the suspects be removed from the file as evidence.

The national court, questioning the effectiveness of the procedural guarantees in place for minors during the pretrial phase, made a reference to the Court of Justice. (...)