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This is not a real victory for Pierin Vincenz (67) – but at least a stage victory: the Zurich High Court overturned the district court’s decision against Vincenz and the other defendants. Blick answers the most important questions about the latest developments in the Vincenz case.
Why did the high court overturn the decision against Vincenz?
The high court found “serious procedural deficiencies”. In particular, the 364-page indictment was very comprehensive and “sometimes excessive”. This went beyond the legal framework. Additionally, one of the defendants’ native language was French and he did not receive the full translation of the indictment.
Law professor Peter V. Kunz, 59, was not surprised by the overturn and confirmed to Blick: “The indictment was terrible.” He was only surprised that it took almost two years for the high court to recognize these shortcomings.
Does this mean Vincenz is innocent?
NO. The reversal of the decision by the high court is of a purely technical nature. “The dismissal does not address the question of guilt or innocence,” the high court writes. The presumption of innocence still applies.
Who is responsible for this mess?
The prosecutor in charge, Marc Jean-Richard-di-Bressel (60), has come under particular criticism. “For him, the Supreme Court’s decision is a slap in the face,” explains Kunz. The district court should also expect criticism: The question arises as to why it did not initially return the indictment to the prosecutor’s office. “I suspect the district court wanted to rule as quickly as possible to avoid the statute of limitations on the crimes,” Kunz suspects.
Is statute of limitations threatening anymore?
NO. The statute of limitations was suspended by the first instance decision of the regional court. In its decision, the Supreme Court is of the opinion that rejecting the decision will not change anything. However, Kunz demands that the case should not be delayed for years. “The prosecutor’s office and the judiciary allow Vincenz and the other defendants to be executed. You have the right to a speedy conviction or acquittal.” Uncertainty gnaws at the defendant.
What happens next?
Now the ball is in the prosecutor’s court again. He must make improvements to the indictment and can then re-please in district court. Theoretically, he could drop the case. However, this seems unlikely at the moment. Legal expert Peter V. Kunz estimates it will take another two years for a new ruling from the district court. “After that it will probably go back to the supreme court and then to the federal court, which will easily take six years total.” Vincenz would be in his mid-70s before he finally realized if he should go to prison.
Will Vincenz’s villa in Ticino still be seized?
Yes. Because Vincenz’s assets are frozen. The compulsory auction of his aging property in Morcote TI is scheduled for April and is expected to generate several million. However, these go to his creditors, not Vincenz. Vincenz will be placed on financial hold for the next few years until the proceedings are finally concluded. “This is a stressful and questionable situation for the rule of law,” criticizes Kunz.
What do those affected feel about the rejection?
Neither Pierin Vincenz nor co-defendant Beat Stocker, 63, has yet to comment on the latest developments in the case. But one thing is clear: For the defendants, the annulment of the verdict is a stage victory. But this is not a victory because they continue to remain in limbo for years. Aduno and Raiffeisen, who appeared as private plaintiffs at the hearing, did not want to comment on Blick’s question.
Source :Blick
I’m Tim David and I work as an author for 24 Instant News, covering the Market section. With a Bachelor’s Degree in Journalism, my mission is to provide accurate, timely and insightful news coverage that helps our readers stay informed about the latest trends in the market. My writing style is focused on making complex economic topics easy to understand for everyone.
