Jugement Kantonsgericht (VD - Entscheid/2020/425)

Canton:	VD
Case number:	Entscheid/2020/425

Instance:	Kantonsgericht
Department:	Chambre des recours pénale

Kantonsgericht Entscheid Entscheid/2020/425 vom 26.05.2020 (VD)

Date:	26.05.2020
Force of law:	-

Summary:	O.________ requested the refusal of the law enforcement agency J.________ in two proceedings. The authority had previously investigated and brought charges against O.________. O.________ justified his applications with bias of the authority. The criminal chamber rejected the applications. She saw no evidence of bias on the part of the authority. More detailed summary On May 26, 2020, the Criminal division of the Strada Cantonal Court ruled on two applications from O.________ for the rejection of the law enforcement authority J.________. J.________ was the responsible prosecutor in both cases. O.________ justified his applications with bias of the authority. He stated that J.________ had already brought charges against him in a previous case. In this trial, O.________ was acquitted. He considered that J.________ could not be unbiased in the two current proceedings. The criminal chamber rejected the applications. She saw no evidence of bias on the part of the authority. She noted that J.________ does not play the same role in the two current proceedings as in the previous proceedings. In the current proceedings, J.________ is only the responsible prosecutor. She is not the one who draws up the indictment or conducts the proceedings before the court. The Criminal Chamber found that O.________ could not credibly prove that J.________ was not impartial in the two current proceedings.
Rule of Law:	Art. 100 LTF;Art. 396 CPP;Art. 422 CPP;Art. 58 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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