Jugement Kantonsgericht (VD - Entscheid/2020/286)

Canton:	VD
Case number:	Entscheid/2020/286

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/286 vom 19.05.2020 (VD)

Date:	19.05.2020
Force of law:	-

Summary:	The Federal Supreme Court has overturned a decision of the Cantonal Court of Vaud, which had closed a case against three people on suspicion of drug trafficking. The three people had accused the deceased A.B. of selling them drugs. A.B., however, had died in the course of the proceedings. The Federal Court ruled that the three people had the right to participate in the interrogation of witnesses who testified against A.B. Since these interviews had taken place without the three people, the evidence obtained could not be used. The Federal Supreme Court has therefore referred the case back to the Cantonal Court of Vaud so that the investigation can be continued with the participation of the three persons. More detailed summary: A.B. passed away in 2018. After his death, his parents and his sister A.B., B.B. and C.B. jointly filed charges against him for drug trafficking. They claimed that A.B. had sold them drugs in 2016 and 2017. The Cantonal Court of Vaud discontinued the proceedings in 2019, as A.B. could no longer be held responsible. The three plaintiffs then filed a complaint with the Federal Court. The Federal Supreme Court approved the appeal and overturned the decision of the Cantonal Court. The Federal Court ruled that the three plaintiffs had the right to participate in the interrogation of witnesses who testified against A.B. Since these interviews had taken place without the three plaintiffs, the evidence obtained could not be used. The Federal Supreme Court has therefore referred the case back to the Cantonal Court of Vaud so that the investigation can be continued with the participation of the three plaintiffs. Special Mention: In its decision, the Federal Supreme Court emphasized that the right to participate in the presentation of evidence is an important guarantee of the rights of the accused. The Federal Court also emphasized that the rights of the accused must be respected even if the accused has died. In this case, the relatives of the accused have the right to participate in the presentation of evidence in order to defend their rights.
Rule of Law:	Art. 100 LTF;Art. 147 CPP;Art. 319 CPP;Art. 382 CPP;Art. 393 CPP;Art. 428 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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