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Jugement Kantonsgericht (VD - Entscheid/2020/245)


Canton:VD
Case number:Entscheid/2020/245
Instance:Kantonsgericht
Department:Chambre des recours pénale
Kantonsgericht Entscheid Entscheid/2020/245 vom 11.03.2020 (VD)
Date:11.03.2020
Force of law:-
Summary:The Swiss Public Prosecutor's Office has investigated two people on suspicion of fraud. The two people have declared the prosecution biased. The prosecutor's office has rejected the bias. The two people have filed an appeal against the decision of the public prosecutor's office. The federal Court allowed the appeal and ordered the prosecutor's office to reopen the investigation. More detailed summary: The Swiss Public Prosecutor's Office has investigated two people on suspicion of fraud. The two persons have declared the public prosecutor's office biased, as they were of the opinion that the public prosecutor's office could not investigate neutrally. The prosecutor's office has rejected the bias. The two people have filed an appeal against the decision of the public prosecutor's office. The federal Court allowed the appeal and ordered the prosecutor's office to reopen the investigation. The Federal Court has ruled that the public prosecutor's office did not sufficiently substantiate the bias. The prosecutor's office had not stated that it was in a position to carry out the investigation objectively. The verdict of the Federal Court is an important precedent for the bias of law enforcement agencies. The verdict shows that the prosecutor's office is obliged to take the bias of investigators seriously and, if necessary, to reopen the investigation.
Rule of Law:Art. 100 StPo;Art. 147 StPo;Art. 2 StPo;Art. 264 StPo;Art. 382 StPo;Art. 385 StPo;Art. 390 StPo;Art. 396 StPo;Art. 59 StPo;Art. 60 StPo;Art. 76 StPo;
BGE reference::-
Comment:

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