As in our review to inconsistencies in the investigation , we have because of the charges against the persons named in the StA Kiel Just Checking solid, until we are now following announced:
The investigation of case number 590 J 28 692 / 09 on the district attorney Kiel and Stephan Andersen Wolfgang Klein, Melek Gültekin and Werner Erhard on suspicion of commercial Fraud and money laundering under § 170 para 2, CCP set on 04/02/2010.
The reason for the setting is that no longer exists sufficient suspicion. Or in the words of the prosecutor: many of the indicators should refrain from further proceedings - presumably one has agreed out of court .....
Well, look here: Because sent so relaxed times 150 000 Euros to Panama to Gerald Arismendi, a few tens of thousands to St. Stephen Klein the other and then the injured party - which is now sometimes speculative - with a few euros from the interest from it to move to no longer feel cheated, but to accept that a "technical error" happened (which is can happen with the large number of clients managed .....) is the course you want to do well again, best be provided with a candy. And already, the Dresdner Bank has calmed down because their customers are now convinced it was just a stupid technical error and not intentional, and will suddenly no more law enforcement - you'd lose a good customer. But please: but changed the name of the Epagado .... (See here and already was the SEPA Cash born.)
This was not a sufficient suspicion longer exist. Although the prosecutor swears about it, but first, where no plaintiff, there is not a judge, and secondly, in benefit of the doubt. Also in doubt for the accused.
no sufficient suspicion to German means nothing other than that it could probably come in a trial that is now the situation due to any conviction.
Quote StA:
"The sufficient cause for prosecution under § 170 II requires that a reasonable suspicion exists, likely to take place so as regards interim Tatbeurteilung according to the file in the trial of a conviction after a very effective investigation. Send this German prosecutors usually a rather strict standard, and provide a loving doubtful cases. A case of dubious even after the investigation file is (where We will lose the witnesses), at the trial has more of an even poorer result of evidence because the alleged offense in the course of the procedure, something like evaporates. Criminal judges rarely reject from the opening of main proceedings and the matter is since then an acquittal because the evidence was just very poor, the entire process died. Therefore, it is often better to stop the investigation at first, and then again go to the principle of legality in the light of new evidence in the prosecution ......"Ziat end
How is this the LKA: They're more than just sour but may do in the first instance absolutely nothing about it. Even more so where the ladies and gentlemen of the management have the carousel with the relocation of the new (old) "beamed" Sepa Cash (Epagado) to Hamburg even more from the direct determination of the competent investigators.
BUT:
ie not now, so that the accused off the hook, and are thus washed away!
The innocence was summoned NOT.
Such a setting is not used in the criminal proceedings, also there is no legitimate expectation for the defendants that because this matter not be pursued as soon as they have the attitude message in their hands. Upon successful appeal (now issued to the General Prosecutor), it can happen to the accused, that they first receive a message and setting a short time later by the same prosecutor an indictment.
Moreover, if known, new circumstances, the inquiry is to resume after the principle of legality.
And will there be for the ladies and gentlemen, a big surprise ......
lasts a few weeks back, but not unstoppable.
Packt ever the toothbrush, my cheaters!
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