General Discussion Undecided where to post - do it here. |
Reply to Thread New Thread |
![]() |
#2 |
|
Originally posted by Saras
Lithuania? OK, the crime was committed in Lithuania but the prison sentence was served in France. Not sure about the particulars of where the trial occurred or if Lithuania also has a case pending against him. How does the EU normally deal with cases like this were the victim and the perpetrator are different nationalities. In the US the state where the crime occurred has jurisdiction but some how France got the guy for his prison term even though the woman was beaten to death in Lithuania. Can you help explain this? |
![]() |
![]() |
#3 |
|
I donīt know about french laws,
but in germany a prison sentence of x years could also mean that you stay much longer in prison than these x years. It is something called Sicherungsverwahrung (Preventive detention). After you served your sentence justice can determine that you still pose a danger for society and therefore have to stay in Sicherungsverwahrung (in special prisons) until it is determined (by psychologsts) that you arenīt a danger for society anymore. It could (hypothetically) well be that you stay in Sicherungsverwahrung for the rest of your life, although your prison sentence was just 10-20 years. (something I would hope for the murders in the torture case I mentioned a few days ago; they got 10, 14 and 15 years, but I hope theyīll stay in prison much longer because of this preventive detention) |
![]() |
![]() |
#4 |
|
|
![]() |
![]() |
#6 |
|
|
![]() |
![]() |
#7 |
|
He is not really 'free', or at least he isn't done with the sentence.
The release is a conditionnal release. The french law says that after 1/2 of the sentence (2/3 for recidivists), prisonners who behaved well in prison, showed remorse, showed they understood the crime blah-blah, may ask for a conditionnal release. Conditionnal means there are conditions. During that time they are on some kind of 'probation period', they must satisfy a list of duties. If he misses one of the conditions, he goes back to jail. So, I guess he was sentenced to 8 years. Now, after 4 years, a special juge (JAP: Juge d'Application des Peines), based on the file his lawyer introduced, thinks he is no more a threat to society, he may end his sentence outside the prison. Until then, he has to be without reproach. Theoretically he may be put back to jail simply if he exceeds speed limits. Link (in french) about conditionnal release: http://tempsreel.nouvelobs.com/actua...tionnelle.html |
![]() |
![]() |
#8 |
|
Originally posted by Shrapnel12
OJ Simpson was found not guilty. We don't lynch people in this country. I may feel he is guilty, but I wasn't on the jury and I didn't see the evidence. I will even say it's a tragedy he went free, but that's the fault of the jury if they didn't do their job correct, not a fault of the system (unless you want to argue that a jury system is the problem). Well at least the French could bring themselves to convict one of their celebrities. Your nation needs to hush up on this issue. ![]() |
![]() |
![]() |
#9 |
|
|
![]() |
![]() |
#12 |
|
|
![]() |
![]() |
#13 |
|
Oh ya and I recall a conversation I had with my crim prof who was a prosecutor of long standing.
He indicated that the majority of people charged with murder or manslaughter were actually pretty decent people, who truly regretted what they did and who were no real risk to re-offend. Most murders/manslaughters are situations where someone gets upset and strikes out, often with unintended consequences |
![]() |
![]() |
#14 |
|
|
![]() |
![]() |
#15 |
|
|
![]() |
![]() |
#16 |
|
|
![]() |
![]() |
#17 |
|
|
![]() |
![]() |
#18 |
|
|
![]() |
![]() |
#20 |
|
Originally posted by Shrapnel12
Guilt is presumed in France. Nah. The US is the only country I know of where guilt has to be proved. Then try to learn about others ![]() What other countries have judicial systems where you are innocent until proven guilty and the prosecution has to show guilt beyond a reasonable doubt? Standard praxis in the EU for example. Could imagine other countries do that too, what about Japan, Australia, NewZealand? I'm pretty sure it is even the guiding principle in many developing countries, now if that's also put in praxis there everywhere is another question. |
![]() |
Reply to Thread New Thread |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
|