Using Evidence Obtained In Criminal Proceedings In A Civil Claim To Recover The Proceeds Of
There are a selection of mechanisms to recover stolen public funds and bribes, every single with its own benefits and disadvantages and with the best” mechanism quite much depending on the particular circumstances of the case. According to the Grand Chamber it is undeniable that the publication of an article slanted in that way at a time when the investigation was nonetheless ongoing entailed an inherent risk of influencing the course of proceedings in 1 way or yet another, whether in relation to the perform of the investigating judge, the decisions of the accused’s representatives, the positions of the parties claiming damages, or the objectivity of the trial court, irrespective of its composition” (§ 69).
Referring to Stoll v. Switzerland, they argued that the Swiss authorities stayed inside their margin of appreciation in applying Report 293 of the Swiss Criminal Code that penalizes anyone who, with out becoming entitled to … Read the rest >>>