would have Finally, after about five and a half years of investigation, the Federal Prosecutor’s office is one of its most important cases by a court of law: the case of bribery in the state Secretariat for economic Affairs (Seco). It is presumed lubricated IT orders of less than 100 million Swiss francs bribe to an official value of over 1.7 million.
Last fall, the Supreme law enforcers of the country’s indictment of four people. But now the Federal government has decided criminal court in Bellinzona, the indictment does not allow. In the decision from 27. February, the judge lists a number of shortcomings that cast a poor light on the work of the office of the attorney General.
Then the consequences of the shortcomings in the report
First of all, describe for the judge what the minimum requirements of an indictment must meet: “they are referred to as short as possible, but that’s exactly the of the accused’s alleged actions with a description of the place, date, time, nature and consequences of their Commission.”
Then the shortcomings of the consequences of the state’s attorney Vincens Nold drawn indictment. It begins with the office of the attorney General, apparently in part in clear to identify who exactly granted to Seco officials, bribery of performance. This point relates to the two main accused on the best side of two former cadres of the now liquidated IT company Fritz & Macziol Schweiz. Also the company itself is not clearly defined enough, and of its two predecessor companies, defined, continue to criticize the judges.
In two points, a sufficient description of the facts is missing the judges then. The Federal Prosecutor wants to prosecute the two cadres of the Fritz & Macziol is not only for bribery, but also because of the Complicity to the breach of performance of duties of the officials. However, the supporting actions of the two men were not described in the indictment, not the judge.
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it to a sufficiently clear description of the actions of the officials themselves, this should be lubricated contracts are not in breach of duty, but in the context of its legitimate Discretion, awarded to have lacked.The officials and an IT Manager in the Federal government accuses lawyer is also heavy money laundering. However, the Prosecutor had not set out, in what ways is a serious case exists, continue to find fault with the judges.
the court Is formalistic-exaggerated Japanese – or has blundered, the office of the attorney General, in spite of a year-long process?
last not least, the derivation of the Central information about the Seco-orders, which has carried out the office of the attorney General, apparently in an Excel spreadsheet together for you. The files must indicate where the data originated, educate lawyers, the judges, the Federal. The bottom line is, the criminal chamber of the Federal comes criminal court to the conclusion that the indictment is not created properly and so the conditions for a process are not met.
The court has suspended the proceedings and of the Federal public Prosecutor’s office “invited” to Supplement the indictment. The court is with his rejection of formalistic-exaggerated Japanese – or has blundered, the office of the attorney General, in spite of a year-long process? This question could probably only after reading the several Hundred pages of strong, yet unpublished indictment, judge. On detailed questions of the media office of the office of the attorney General, only almost, you have met the decision of the Federal court took note of and is currently working to test this.
Created: 09.03.2020, 12:02 PM
