Jugement Kantonsgericht (VD - Entscheid/2020/202)

Canton:	VD
Case number:	Entscheid/2020/202

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/202 vom 12.03.2020 (VD)

Date:	12.03.2020
Force of law:	-

Summary:	R.________, who was represented by lawyer L.________, was charged by the Public Prosecutor's Office of the Canton of Vaud on suspicion of money laundering. R.________ requested the termination of the proceedings, as he considered that the evidence was insufficient. The prosecutor's office rejected the application and ordered the opening of the main proceedings. R._______ filed an appeal against this decision before the Chambre des recours pénale. The Chambre des recours pénale overturned the decision of the public prosecutor's office and ordered the termination of the proceedings. More detailed summary: R.________ was charged by the Public Prosecutor's Office of the Canton of Vaud on suspicion of money laundering. He is said to have transferred around CHF 100,000 from a foreign account to his Swiss account in 2019. The prosecutor's office considered that these transfers were not justified by R.________s legitimate income and therefore served the purpose of money laundering. R.________ requested the termination of the proceedings, as he considered that the evidence was insufficient. He argued that the transfers from a foreign account to his Swiss account were not unusual, as he was doing business in both countries. In addition, it was not proven that the transfers were not justified by his legitimate income. The prosecutor's office rejected the application and ordered the opening of the main proceedings. She considered that the evidence was sufficient to substantiate the suspicion of money laundering. R._______ filed an appeal against this decision before the Chambre des recours pénale. The Chambre des recours pénale overturned the decision of the public prosecutor's office and ordered the termination of the proceedings. She came to the conclusion that the evidence was insufficient to substantiate the suspicion of money laundering. The Chambre des recours pénale based its judgment on the fact that the public prosecutor's office had not provided concrete evidence that the transfers were not justified by R.________s legitimate income. The prosecutor's office had only pointed out that the transfers had been made from a foreign account to a Swiss account. However, this was not sufficient to justify the suspicion of money laundering. The termination of the proceedings means that R.________ will not be prosecuted under criminal law.
Rule of Law:	Art. 100 LTF;Art. 310 CPP;Art. 382 CPP;Art. 383 CPP;Art. 385 CPP;Art. 390 CPP;Art. 428 CPP;Art. 91 CPP;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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