the Next round of the Jensen case is definitely the last one for the court of appeal.
When can conviction – guilty or disputed this claim on one or more of the points – not reviewed by the fagdommerne in meddomsretten. Neither the defendant or the prosecution may appeal on the guilty or not guilty.
And the justification for yes or no and the punishment comes at the same time. Therefore, it can go a couple of months from trial is over the verdict comes.
It is most likely that the case isn’t going to start until 2020.
the public prosecutor’s office and the accused/convicted can only appeal to the Supreme court over the related length, incorrect application or mistakes in the proceedings – not the issue of guilt.
JENSEN-the CASE: Fagdommerne reject the jury disputed this claim in Eirik Jensen case. Video: Pool / Dagbladet Show more
Lagdommer Rune Bård Hansen in the Agder court of appeal is a member of the judges mediegruppe.
New or old scheme ?
He assumes, but is not sure if the last treatment in the court of appeal goes under the old scheme, which was terminated 1. January 2018 for matters that are not was already in progress in the legal system.
second ROUND: Eirik Jensen and her partner Ragna Lise Vikre leave the Borgarting court of appeal on Monday. Photo: Gorm Kallestad, NTB Scanpix. Show more
the Case against the officer, Eirik Jensen, was in time then.
Lagdommer Hansen explains the old and “retired scheme” for the composite court in the latest round in the court of appeal, after fagdommerne have put the majority of the page – as in this case:
There are seven members in both the old and new scheme for composite court in the court of appeal. The distribution in the scheme, which is discontinued for new cases, three fagdommere and four meddommere from the civilians. All seven have an equal voice, and it required at least five “yes” for someone to be able to be judged guilty, ” says lagdommer Rune Bård Hansen to Dagbladet.
Hemsedal-case: Therefore they were acquitted Dagbladet Plus
The so-called Hemsedal-the case is an example of that a simple majority is not enough for conviction.
Where voted meddomsretten 4-3 to condemn the three men guilty of rape. Three juridske fagdommere and a meddommer accounted for the majority of four. The other three meddommerne was part of the minority, who voted for the “not guilty”.
But 4-3 is for the small majority in relation to the 5-2 rule. Thus, the three defendants acquitted.
Fagdommers yes determines
In the new scheme, which the Parliament adopted, there are still seven judges in total in such a composite court.
There are two important changes:
– the Composition has gone down from three to two fagdommere and the number of lekdommere is increased from four to five.
FAGDOMMERNE: in the Jensen case, the Borgarting court of appeal, Jørgen Brunsvig (f.v.), Kristel is New and Steingrim Bull set aside the jury’s verdict in the Jensen case. Photo: Stian Lysberg Solum, NTB Scanpix. Show more
– you Now need at least one of fagdommerne answer “yes” to the question whether the defendant can be convicted “guilty”.
That means in practice is that an accused will be acquitted even though the court’s majority is 5-2 for the guilty – if the minority of frinnelse consists of both fagdommerne.
Orderud case
– The new scheme may well be summed up as a political compromise in the Parliament. The debate about the old juryordningen received increased attention, among other things after the judgment against Lars Grønnerud in the Orderud case. First, he got the reasoning of the district court to 2.5 years in prison for negligent complicity to murder. The prosecution appealed, and the appellate court, he was sentenced to 18 years in prison for willful complicity to murder without any justification.
– What is your own experience as a judge for the new 5-2 scheme ?
grand JURY: Annstein Garnes (standing front left, along with the rest of the jury) read up juryfrifinnelsen of Eirik Jensen for participating in the importation of cannabis resin. Photo: Stian Lysberg Solum, NTB Scanpix. Show more
I have worked with several cases under the new scheme, and there have been no special problems associated with it. But I see that the legal competence of the court of appeal is weakened with the new system.
midst of the Fire: – Probably the new deal
In the run on Monday had not the parties in the Jensen case been given some clarity about the last round going for the old or new scheme.
Eirik Jensen’s defender John Christian the Fire, says he believes that a new case will go after the new scheme, with five meddommere and two lagdommere.
– transitional arrangement says that cases that start after 1. January 2019 to go after the new scheme. I guess, therefore, that any new round will go for the new scheme, says the Fire to the Newspaper.
He shall, on behalf of their client appeal fagdommernes disregard of the jury disputed this claim because of the procedural.
It is the 14-day deadline to make the appeal.
