It looks for a Federal Prosecutor Michael Lauber is not good: Not only to doubt his overseer his Fitness for the office. Now be the first big Fifa threatens to burst process. This fairy tale, the so-called summer, to the puzzling payments prior to the soccer world Cup 2006 in Germany. However, the Federal Prosecutor would not be not responsible, if the transaction takes place, and thus everything fails. Because it comes to higher Power. The Monday three weeks scheduled process in Bellinzona should not take place due to the Coronavirus. This is all four of the defendants – the Swiss Urs Linsi, and the three Ex-functionaries of the German football Association (DFB), Theo Zwanziger, Horst Rudolf Schmidt and Wolfgang Niersbach request.
The defendants belong to the risk group
The Federal court must now decide whether it carries out the transaction, or cancel – and that should be an easy decision met. Already in April, the defendant’s allegations are time-barred. Around four years of investigations, the Federal criminal police and the U.S. attorney’s office for the cat. The accused former football officials all of them are in pension age. You belong to the population group with increased risk of death in an illness with the novel Virus.
The Youngest of them is the 69-year-old Wolfgang Niersbach. The Swiss lawyer of the former President of the German football Association (DFB) argues in his petition for deferral of the Corona-regulation, which for the time being, until 15. March major events prohibits. Although expected to remain in the planned process of the Viewers onslaught manageable, but there are numerous media representatives from Germany and Switzerland are expected in the Canton of Ticino, close to the danger zone in the North of Italy.
All want to stay in the process remotely
The three defendants, from Germany, are in part ill. Niersbach has, in accordance with the displacement request a medical certificate. A doctor of travel in Switzerland advises against it. Also in the case of his predecessor in the DFB Presidium of the trip to Bellinzona is unlikely. The 74-year-old Theo Zwanziger has stated that an eye surgery and had to be hospitalized, according to reports this week on an emergency basis again.
The 78-year-old Horst Rudolf Schmidt also health problems claimed. He was heart sick, and it was reasonable for a multi-week process in Bellinzona, will be a lawyer, will be on view.ch quotes.Requested legal experts are unanimous that a court procedure even in the absence of the accused can be carried out. “Otherwise, the defendant could circumvent a process by staying away from him,” says the Zurich-based lawyer Thomas Sprenger. A prerequisite is, however, that the accused had, during the proceedings before the opportunity to comment on the allegations.
in Spite of Coronavirus is no longer limitation period
And to the consequences of a process shift due to the Coronavirus law Professor and SP-councillor Daniel Jositsch: “The Coronavirus doesn’t change the fact that a limitation period. Also, when a process is moved.” It was not foreseen in the law that a limitation period will be interrupted due to a natural event, says Jositsch.
The four defendants, the Federal power of attorney allegations of fraud. All deny the allegations. In the process, it should go to an unexplained payment of 10 million francs, the Franz Beckenbauer, the head of the world Cup organising komites 2006, to a functionary in Qatar transferred. Beckenbauer had borrowed this money. The defendants are said to have helped to trick the DFB, by paying the sum under false pretext from the Treasury of the football Federation to the money lender. The Federal Prosecutor’s office determined against Franz Beckenbauer, has separated this procedure but, because of the “Emperor” of ill, and according to the Doctors not hearing is capable of. In his case, a limitation is to avert little more.
Created: 05.03.2020, 12:28 PM
