Proceedings that are too long, disputes over mobile phone evaluations: the defense lawyers are now pressuring them and wanting stronger rights for the accused.
“You shouldn’t always just take chats,” ex-chancellor Sebastian Kurz told the U committee on Wednesday. Not only the opposition, but also the WKStA share his opinion only to a limited extent. Kurz and many other ÖVP persons are subject to the presumption of innocence.
The turquoise rescuer had to leave the chancellor’s office. A small selection – see chart below – comes from political Pandora Thomas Schmid’s cell phone. The ÖVP foams, private chats should not be evaluated and certainly not public.
Chats are only transferred in case of an urgent suspicion of a crime
Manfred Ainedter, chairman of the defense attorneys, sees it that way. “A modern reorganization is needed.” The lawyer advocates adapting the suction power of chats to telephone surveillance.
“Only if there is an urgent suspicion of a crime, with judicial approval and information about what facts of the confiscation can be expected. So that there are no random finds floating around for years.” In addition, those affected should be given the option to have messages sealed. Only gradually is it determined what is relevant.
Ainedter: “Maximum duration as in Germany”
Keyword strengthening the rights of the accused: a central topic at today’s conference of criminal lawyers entitled “Red lines in the fight for justice”. The focus is on the pleas. In general, Ainedter sees a reform delay: the procedures must be shorter and more efficient.
“Maximum run time as in Germany. If nothing comes out after three years, it should be discontinued.” In addition, there must be full compensation for the costs of acquittals and institutions by the republic. “Then the prosecutors will think twice before prosecuting. Because far too often nothing comes of it in the end.”
Ministers want to implement reforms
For constitutional minister Karoline Edtstadler (ÖVP), the points are also conditions in the negotiations with Justice Minister Alma Zadić (Greens) about a federal prosecutor’s office. Both recently stressed the need for reforms to be implemented quickly. The chats will remain controversial territory.
See also Causa Asfinag: “Chats don’t lie,” said the chief prosecutor in the bribery trial against ex-Vice Chancellor Strache in his closing speech. The contents of the mobile phone were not enough for the judge. There was an acquittal at first instance.
Source: Krone
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