Ten people decide on the fate of the former police hero.
The call for retired Eirik Jensen and the ice cream maker Gjermund Cappelen starts on Tuesday.
The two were found guilty of gross corruption and the smuggling of large amounts of cannabis in the court of Oslo. Jensen was sentenced to 21 years in prison and Cappelen received 15 years. The Hashsmugler was fined six years to discuss Jensen in the matter.
The former police chief, Jensen, has always denied punishment for everything and appeals to both the question of guilt and the evidence assessment. Cappelen has recognized the criminal circumstances and only the ancestors have the punishment.
The appeals procedure is scheduled from 28 August to 1 February 2019, ie for more than four months. There is one law-free day every week. The case will be called Jurysak and is probably the last case in Norway.
Read also: Partner of Eirik Jensen: – The waiting time is the worst
18 has been withdrawn
In an ordinary trial in court there are two judges, ordinary people, and a professional judge who is a lawyer. In large and extensive cases, there may be enhanced law, where three judges and two professional judges are. This was the case when the case against Jensen and Cappelen was dealt with in the Oslo District Court.
The jury schedule has been disputed, but there are also many special procedures, laws and rules for conducting a jury case. We explain how Jensen and Cappelen do the jury case.
Here you can contact the journalist of Nettavisen by e-mail, or call 02060. If desired, we can make encrypted communication possible.
How to do a jury:
A total of 18 people are recruited to form a legal title, which is the Norwegian jury. Team members are ordinary people who have a job. It is the individual municipality or city council that chooses who judges (or judges) play and there are some conditions.
In the court of appeal, where appeal procedures take place, there are usually 16 jurors. In the lawsuit against Eirik Jensen and Gjermund Cappelen 18 people are attracted, in what is called an enhanced right. The reason is that the case is so extensive, both in terms of evidence, number of witnesses and duration.
In the Jensen case, there are also three professional judges, all of whom are law students. One of the professional judges is the head of the court or the administrator of the court.
It is the jury that decides the guilty issue. Of the twelve who follow the case from the beginning to the end, only ten votes are about the debt issue. When the process is complete, two of the twelve are deducted by tie. The goal is always that there are as many men as women in the jury, also in the last ten.
The trial begins with "it is a legal". The 18 judges come in. Then read everything with the full name and working title. The head of the court can ask some people where they work and whether people can work out their roles in the job. This may, for example, apply to people who have a "consultant" as a function.
For example, pensioners can be asked about previous jobs.
This assessment also evaluates the evaluation. If a person is unable to participate in the jury, he / she is declared incompetent and not admitted to the jury.
In extensive cases, hability assessments can be done in advance, but things happen at the last moment.
At the beginning of August Nettavisen mentioned that one of Jensen's jurors had been thrown after being declared incompetent.
When the assessment of the eligibility is complete, the 18 judges are reduced to twelve. Both defenders and public prosecutors (those who represent the prosecutors) have the possibility to elect jurors they do not want to follow. This is called "shoot out" or launch.
It is rare that the public prosecutor makes use of this opportunity, but it can occur.
Of the 18, the defender and the prosecutor have the possibility to eliminate up to three people each. After the launch is complete should As far as possible, there are as many men among the twelve members of the jury as women who will follow the process.
The shooting takes place by defense and the public prosecutor chooses the other time. There is always a defender who chooses first.
Because Cappelen only anchors the sentence, it is unlikely that he has a right of origin, Borgarting informs the court of appeal of the Nettavisen.
It is optional for the parties to shoot judges. They also do not have to give a reason why they shoot a juror.
If there is a situation where it starts with only 17 jurors to choose from, then the defender can shoot more than the actor.
Also read: The Riksadvokaten had secret meetings about criminal charges for Cappelen as he called Jensen
Judgment against Eirik Jensen:
* On 18 September 2017, former policeman Eirik Jensen was sentenced to 21 years in prison for gross corruption in the Oslo District Court, which contributed to the import of 13.9 tonnes of cannabis from 2004 to November 2013, as well as violations of the arms trade.
* The judgment states that "the court finds that beyond all reasonable doubt it has been proved that Jensen deliberately and systematically contributed to (cited Gjermund) Cappelens hashimport".
* The court of appeal states that Jensen has received gifts worth NOK 667,800 from Cappelen, in the form of a luxury bell, renovation of a bath and cash.
* The judgment is set on 2 October 2017.
Judgment against Gjermund Cappelen:
* Gjermund Cappelen (formerly Gjermund Thorud) was sentenced to 15 years in prison in September 2017 for intimidation and gross corruption in Oslo District Court, as well as a maintenance of NOK 825 million.
* He was found guilty of introducing 16.8 tonnes of cannabis in Norway between 1993 and 2013.
* The court of appeal states that Cappelen gave the former policeman Eirik Jensen gifts for a total value of 667,800 crowns.
* Cappelen received a 30 percent fine for participating and explaining the role of Jensen.
* Cappelen recognizes the import of between 25 and 30 tonnes of cannabis, with a maximum profit of NOK 125 million.
* In October 2017, Cappelen was also convicted in the court of Asker and Bærum for the storage and sale of a total of 1.4 tons of cannabis.
* Cappelen filed an appeal against the sentence.
The facts are appealed against Jensen and Cappelen:
* The appeals procedure starts on August 28 in the Borgarting court. The case will go as a lawsuit, in which a jury of ten people will decide the case. Eirik Jensen has challenged the guilty issue, while Gjermund acknowledged Cappel's debt, but appealed to the sentence.
* Court actors:
– Judge Kristel Heyerdahl (court leader), judges Jørgen Brunsvig and Steingrim Bull.
– Actors: Jan Egil Presthus and Guro Glærum Valve from the Swedish Police Department, and Lars Erik Alfheim from the Oslo Public Prosecutor
– Defenders of Eirik Jensen: John Christian Elden, Sidsel Katralen, Thomas Randby
Defenders for Gjermund Cappelen: Benedict de Vibe, Kaja de Vibe Malling
* Progressive plan:
– August 28: selection of the law, introductory lectures, comments from defenders
– August 30: Eirik Jensen & # 39; s explanation
– September 20: explanation by Gjermund Cappelen
– October 18 – December 12: Proof of the Prosecutor General
– December 13 – December 20: Defender – Evidence
– Week 1-5 2019: other information, procedures, disputes, jurisdiction, evidence and procedures
* The case against Eirik Jensen is the most expensive of its kind ever. The police units received additional funding totaling NOK 17.2 million for the research, on top of their regular budget. In addition, Asker and the Bærum police station spent at least 1.8 million for the investigation, while nearly 11.5 million were paid to lawyers and experts.
sources: NTB, Court of Appeal Court, Oslo District Court, The Police of Police
Ten people decide
During the trial, there must always be at least nine jurors in court. By having a stronger right, you have a lot to do because members can be declared incompetent, ill or for other reasons.
If there are fewer than nine people, for example as a result of illness, the case can not be continued. It may be suitable for new professional judges and new judges. However, the judge can first assess whether an interruption attempt will be taken if it is assumed that an expiry date will expire within a reasonable period of time.
Jury members who can not meet the first day for different reasons, are not allowed to sit on the jury who will follow the case. Jury members who retire to follow the case can not stay away for one day. In case of sick leave, a valid sick leave must be shown and the person must be removed from the jury.
Also read: Jensen hid weapons in the laundry basket and plastic box
If there are more than twelve judges after the parties have finished their launches, there will be a tie about who can not participate. So, if there are 14 remaining jurors, two are deducted.
The twelve remaining forms the law, or the jury, which will follow the whole process. But there are only ten of those who will vote if Jensen is guilty or not, Borgarting informs the court.
After the jury has been formally chosen, they receive advice on how to deal with the court and what to think about on the road. Subsequently all members in the court give verbal assurances that they act correctly, truthfully and credibly.
As soon as the insurance has been given, the court elects a jury chairman, also called the mayor of the court. Then the twelve judges retreat to a separate room and discuss the question of who the leader will be jury.
Also read: Cappelen admits to be informant of the police
Questions must be put on a note
Regardless of whether they agree or do not formally vote for the election of the jury chairman when they have returned to court.
If several or more judges receive the same number of votes, the head of the court makes a tie between the parties involved. It is rare that there is no consensus about who the jury chairman will be.
The role of the jury chairman is to establish a link between the jury members and the judges in the courtroom. If one of the members wants to ask questions on the way, this must be noted on a note. This is given to the jury chairman who goes to a judge, who passes the question to the head of the court. The head of the court decides whether and how the question should be asked.
When the jury chairman is elected, it is customary to view the progress of the lawsuit between the parties. It can be who will see when and how long the different parts are supposed to take.
In the Jensen case there have been two preparatory court hearings, the last one taking place on Monday, 13 August. There are exceptions that there are preparatory court hearings.
After the assessment is made, the employees are taken by the accused before the accusation is read out point by point and the suspects say whether they acknowledge an error or no fault.
As is known, cinderella smoker Cappelen has been found guilty of punishment. For its part, the appeal is only about reducing the sentence. In court he was sentenced to 15 years in prison.
They also receive additional information from the head of the court. This is always a request from the judge that the suspects should pay a great deal of attention to what is being said and bring forward evidence. The defendants also know that they will have the opportunity to respond to questions and ask questions during the journey and that this will be done by their defender.
When this is done, the public prosecutor begins his introductory lecture, in which he explains the case from the standpoint of the public prosecutor. The prosecutor can be a police attorney or a public prosecutor. In the Jensen case, the head and deputy head of the Jan Egil Presthus Bureau and Guro Glærum Kleppe meet as equal actors.
Also read: De Cappel swept 182,000 on a luxury holiday
Seven out of ten must vote for debt
After the first reading, the defenders can come with their comments or comments before the defendants can start their free explanation.
After this explanation, the actor gives questions to the accused, who can also cause his defender. This happens before the prosecutor presents the evidence in the case.
When the trial is over, the public prosecutor designs a series of questions that the jury must answer. The most important thing is of course if they answer yes or no on the matter.
Defender gets the opportunity to comment on the questions that the jury should answer.
Before the referees retire to discuss feelings of guilt, they receive a lawsuit against the president of the court in a consultation. In the cases where this is the case, the members of the jury receive an introduction about which they have to take into account according to the law. In cases where the evidence is central, the assessment is often emphasized on the principles of evidence assessment and requirements.
Also read: 177 kg Cannabis cannabis is confiscated from Svinesund
Two of the twelve members of the jury will be withdrawn before the consultation, as only ten of them will be able to vote. The jury chairman can not be withdrawn.
For a person to be guilty, seven out of ten jury members must vote for guilt.
Before the jury members vote, it is decided to which order they will vote. The jury chairman always casts the vote last.
The public can not know anything about the reasons for the decision to the jury. It is also not publicly known how many votes went in any way, regardless of the outcome.
After the jury chairman has published the decision of the jury, the three professional judges can retire to court to discuss whether they agree on the outcome.
Also read: The police feared that Jensen's investigation should go into the sink
If a person is dismissed by the jury:
If the professional judges are of the opinion that a person is unduly guilty and does not agree with the jury, they can set aside the decision so that the decision is canceled. This is it not something that they do must do something that they can do. To set aside the decision of the jury, if a person is acquitted by the jury, is allowed all The three professional judges agree that this is done.
Considerations when assessing whether a jury decision should be destroyed can be how old the case is, the seriousness of the case and the time span. So, how long will a new case take to process.
If the decision of the jury is canceled, a completely new test will be made with new professional judges and new judges. In the old order, the new case went without a jury, but as a so-called media court, consisting of three professional judges and four judges.
Also read: Jensen admits having received the clock from Cappelen
In order to get someone convicted of a criminal offense, at least five of the total of seven judges had to vote for a person to be guilty.
In the new jurisdiction system, which will be relevant in the Jensen case, there are some minor adjustments. There is a concession of seven people in total, two of which are professional judges and five are judges.
To get someone convicted of a crime, five of these voices must be guilty of his oath. In addition, one of these five persons must be a professional judge.
If all five judges are wrong, but none of the disciplinary judges, then it is enough to be convicted.
Also read: Jensen recognizes the lie in question
If a person is found guilty by the jury:
If the jury in the Jensen case is guilty, the judges can also annul the verdict if they think the jury is wrong.
In this case, it is "just" required two out of three the professional judges vote to set aside the ruling.
In this case, too, it will be a completely new test that applies as copyright.
If Jensen becomes aware of the jury and the jury members accept the decision, it will be punished.
Then four of the jury members will be withdrawn. The four judges, together with the three disciplinary judges, will measure the penalty. The jury chairman is automatically included in the fine.
The jury schedule was formally terminated on 1 January 2017. Nevertheless, the issue of the issue in cases that have been appealed on this date is decided by a jury.
The Jensen case is probably the very last case in Norway that counts as a jury case.
An appeal can be lodged with the Supreme Court against a decision of the Court of Appeal. But the mistake can not be challenged. It is only possible to appeal against mistakes and punishment.
If you have questions about the jury or the jury schedule in general, they can be forwarded to Twitter to: @FaridIghoubah
source: Netta fish, Stor Norske leksikon, Lovdata
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