Britta Nielsen's certainty is 'not been done optimally, and it can end in a be a benefit for the svindeltiltalte. It could ultimately mean that Britta Nielsen can a significant reduction in his potential prison sentence.
Such is the assessment from the professor of criminal law at the University of Copenhagen Jørn Vestergaard, after the criminal proceedings against Britta Nielsen recent days has developed into a bit of a farce.
- In extradition cases apply a so-called specialitetsprincip. This means that the beneficiary state shall undertake not to prosecute for more than afgiverstaten has decided to hand over the suspects to criminal prosecution for, says Jørn Vestergaard, who adds, that it seems that the principle seems to be able to get the meaning of Britta Nielsen case.
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Community - 25. oct. 2019 - at. 12:11 Brittas lawyer feel duped by the accusations
It looked like a home run for the prosecutor's office, as Britta Nielsen, through its lawyer on the first day confessed to large parts of the anklageskriftets points.
the Case, however, has in record time developed into a nightmare for specialanklager Kia's.
For the above to be about Britta Nielsen's fraud with funds from the national board of social services circling the case is now on the technicalities in connection with the delivery of the team from south Africa to Denmark.
the Technicalities, that can be decisive for how long a prison sentence Britta Nielsen may end up with.
Britta Nielsen case has developed into a nightmare for specialanklager Kia's. Photo: Niels Christian memory, be/Ritzau Scanpix
the Big advantage of Britta Nielsen
Britta Nielsen's defense attorney, Nima Nabipour, think not that her client can be sanctioned after the penal code article 88, which in Britta Nielsen case will increase the penalty for Britta Nielsen's fraud from eight to 12 years in prison.
It takes Nima Nabipour not, because he did not have the opportunity to guide his client in connection with Britta Nielsen's release from south Africa.
A view Britta Nielsen's south african lawyer's share.
- It is true. I was not in contact with the Danish defender. I had only contact to Britta Nielsen and her son, says south african defender Piet du Plessis Tuesday to DR.
Nima Nabipour is gone from the defensive to the offensive in Britta Nielsen-trial. Photo: Ida Guldbæk Arentsen/Scanpix 2019
Carte blanche
As Britta Nielsen, was extradited from south Africa to Denmark, the authorities decided to go outside of the established system. You made a deal, where Britta Nielsen was formally released in south Africa. The agreement meant that she voluntarily climbed into a plane to Denmark, where she immediately after arrival was arrested.
the Agreement meant at the same time, to Britta Nielsen, slap for several months in south african prisons, but also had the consequence that she more or less proven gave the authorities carte blanche to prosecute her.
With the agreement gave Britta Nielsen waiver of rights secured by the european udleveringskonventions article 14 - the so-called specialtetsprincip.
- In Britta's case, apparently not a extradition treaty with limitations compared to what can be brought for. It makes her pretty bad, " says professor Jørn Vestergaard.
According to Jørn Vestergaard can Britta Nielsen's alternative trip home to Denmark and the lack of legal assistance in the context mean that the prosecution will cut off the ability to get Britta Nielsen penalized after section 88.
§ 88 of the Penal code
Means that an accused person can get the half of the maximum sentence the person convicted for the top. That is to say, in principle, say, that if Britta Nielsen will be convicted of aggravated fraud and get 8 years in prison, so can she, after section 88 additional 4 years on top.
the Wording of section 88:
'no, by the one or more acts committed more offenses, shall be used for such a common punishment within the prescribed maximum sentence, or, if multiple penalties are being considered, the most stringent of these. Under particularly aggravating circumstances the penalty can exceed the highest of any of the offences prescribed penalty by up to half.'
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Specialanklager Kia's was on Friday charged in a statement of flow. In this context, Nima Nabipour sent 24 points, he wants answers.
It was the plan that the statement should be forwarded to the parties prior to the hearing on Tuesday.
the Prosecution was not, however, been finished with the statement, and therefore was the third hearing in the case will be closed, before it had come in time.
It is expected the statement is completed before the next hearing, which takes place 5. november.
