Vaud: prison three years, he: This article explores the topic in depth.
Consequently,
Vaud: prison three years. Consequently, he:
Justice vaudoise
In prison for three years, he sees the expenses collapse in the Federal Court
A Gros-de-Vaud man had been sentenced to attempted murder after having brandished a weapon and shot on the ground. Moreover, The intention to kill is not proven.
The sentenced during his trial at first instance. For example, before the criminal court of the Broye and the North Vaudois. Similarly, This Gros-de-Vaud resident has been in detention for three years. For example, Unfairly?
Flavienne Wahli di Matteo
- The Federal Court cancels a Vaudois judgment vaud: prison three years, he concerning an attempted murder.
- Ballistic expertise proves that the shot was directed to the ground.
- Vaud magistrates are criticized for their arbitrary assessment of evidence.
- The accused, detained for three years, asked for his immediate release.
The Federal Court has just broken a Vaudois judgment which sentenced a curator. Nevertheless, to 7 years of detention Fat for attempted murder.
The case had been treated at first instance by the Tribunal criminal of the Broye and the North Vaud. For example, Today in prison for almost three years. Meanwhile, the man had been recognized guilty of attempted murder And endangering the life of others, mainly, for having fired in the midst of midday. He said he wanted to chase away from his property a father. his son, friends with whom he was blurred.
After the judges of first instance. the Vaud Criminal Court of Appeal had retained that this shot was the expression of a desire to kill. However. say the federal judges, neither the material elements, nor the declarations of the protagonists do not allow us to conclude for such an intention.
Attempt to murder underestoped
The ballistic report thus shows that a single projectile was found. driven 15 cm in the ground, proving that the weapon was not directed towards the complainants but towards the ground. This element corroborates the statements of the condemned person, who declared that he had held his weapon directed downwards.
The Federal Court then believes that the statements of the complainants. who ensure that they were targeted by the shot, were too moving for it to be proud of it. The vaud: prison three years, he judges of Mon-Repos finally criticize Vaud magistrates for having retained the endangerment of the life of others without. being able to motivate it. The fact of having continued to brandish a weapon until the intruders staggered is not enough to constitute the offense. since no one knows if the weapon was still loaded.
In a rare decision (on average. 5% of criminal appeals are admitted), the federal judges end up: “The motivation and conclusion of the cantonal court are unbearable. They are based on an establishment of facts and an appreciation of arbitrary evidence. ” So in charge of the Vaudois cantonal judges to take over the file. taking into account the recitals of the Superior Court.
Me Astyanax Peca has just asked for the immediate release of his client, which is still in detention. “If it turns vaud: prison three years, he out that he is indeed freed from the main offenses. he will have served much more than he should have, lamented the penalty. My client has never been listened to. Justice was blind and has made decisions without taking into account the material elements. The Federal Court now confirms what my client has always declared and. for him, it is a satisfaction, even if he has lost everything in this story: his business, his property and his reputation. ”
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Vaud: prison three years, he
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