Jugement Kantonsgericht (VD - Entscheid/2020/400)

Canton:	VD
Case number:	Entscheid/2020/400

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/400 vom 20.05.2020 (VD)

Date:	20.05.2020
Force of law:	-

Summary:	On 20 May 2020, the Criminal Division of the Cantonal Court of Graubünden amended the judgment of 16 April 2020 in case PE19.014492-DBT to the effect that the costs of the proceedings are imposed on the applicant R.________. The original decision, according to which the costs are to be paid to the state, was incorrect, since R.________ triggered the proceedings by his unauthorized intervention in the criminal investigation. In its decision of May 20, 2020, the Criminal Chamber also set the deadline for filing an appeal against the corrected verdict at July 20, 2020. More detailed summary: On 20 May 2020, the Criminal Division of the Cantonal Court of Graubünden amended the judgment of 16 April 2020 in case PE19.014492-DBT to the effect that the costs of the proceedings are imposed on the applicant R.________. The original decision, according to which the costs are to be paid to the state, was incorrect, since R.________ triggered the proceedings by his unauthorized intervention in the criminal investigation. R.________ had requested the prosecutor's office to appoint an independent prosecutor on November 30, 2019. He justified this, among other things, by the fact that Prosecutor B._____ was related to D._____, the former secretary of the Department of F._____ as well as a member of the board and deputy to the president of the E._____. The prosecutor's office refused to reallocate the criminal investigation. The E._____ was not involved in the criminal investigation and therefore not biased. R.________ then filed a complaint with the Cantonal Court, which dismissed the complaint. The Criminal division of the Cantonal Court has now decided in its order of 20 May 2020 that the original decision is incorrect. The costs of the procedure must be ordered to the applicant R.________. In its decision, the Criminal Chamber also set the deadline for filing an appeal against the amended judgment as July 20, 2020.
Rule of Law:	Art. 100 LTF;Art. 83 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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