Beyond any form of decency plus economic idiocy.
How to call the lawyer Henrik Dupont Jørgensen Prison action, in a case where his client was acquitted in the Court of Roskilde of attempted possession of firearms.
The 32-year-old man has been remanded in custody in the case about a year and a half, but was released by the court after the acquittal 11. march. He had an old judgment from 2016 on twenty days in jail at the bank, which he had not served yet.
– So what happens is that he takes out and need to pack his things, and then bring him to the sentence of twenty days. He when not to come out, says Henrik Dupont Jørgensen.
the Case, where his client was acquitted, the result of a conflict between the LTF and other groups in the Hospital where 13 of the 14 defendants were found guilty of among other things gross extortion, drug trafficking, violence and possession of weapons.
The 32-year-old is the only accused of the attempted ‘possession of a gun by mark Mauser inserted 8 sharp cartridges, which however failed, as the weapon was previously removed by the police,’ it says in the indictment.
11 of the defendants are full members of the LTF the court ruled, and the judgment of them falls 4. april.
But according to Henrik Dupont Jørgensen is his client is not a member of or affiliated with LTF.
– It is, therefore, that this case is so grotesque, he says, and tells that it was also proven in the case and that the court placed his client’s explanation that he was looking for something other than a weapon, to reason.
in addition to his client has requirements on an indkaldelsesvarsel not complied with, the defence counsel, that it is ludicrous that the Probation does not wait with the execution until it is determined whether the 32-year-old has a claim to compensation for wrongful pre-trial detention and the twenty days and thus can be offset against the compensation.
In the lawyer’s equation means that the state could have gotten to pay 1000 dollars per. day in compensation to his client in twenty days, just like a space on the Left costs 2500 kronor per day.
– 70.000 crowns completely out of the window, he says.
– But it requires that the attorney general says that there is a claim for damages, and that it is okay, that it be converted to set-off and submit it to the Probation. And I can only apply for compensation when the period for the appeal has expired after 14 days, says Henrik Dupont Jørgensen, and adds:
One of the problems is that the district attorney often is for several months to establish a possible claim, which may stand in stark contrast to the Prison promptness to take decision on the sentence.
the period for the appeal expired 25. march. At the time, had his client thus serving 14 of the twenty days.
– Now you have waited the twenty days ago 2016. If you then have to wait three weeks more, well not the big difference? If the state had waited three more weeks, it may be that they had saved up to 70,000 crowns. In addition, it is also a wheeling and dealing with people’s freedom. Now you have taken one and a half years of his life and it turned out that it was a mistake, says the lawyer,who believes that it is reasonably apparent that his client has a claim to compensation, if the acquittal is not being appealed.
– He has stated from the beginning, and the court has posted the explanation for the reason, says the defender.
Henrik Dupont Jørgensen has written to the prison and Probation service and got a reply from the area office, which, according to the lawyer says that they can make care deduction, when the attorney general has approved, that there is a compensation claim.
It is not, however, because his client is on the brink of collapse over having to serve twenty days.
He said that the joy of being acquitted, exceeded the irritation of the twenty days. So he does not have anything against it. He earns 1000 dollars tax-free on the day, and he says so much he could not serve if he was on free foot.
the Extra Leaf has asked the Probation, why they chose to insert the frifundne to the sentence immediately before the period for the appeal has expired, and it was established whether he should have compensation for wrongful pre-trial detention-
They write, however in an email that they cannot comment on specific cases, and therefore cannot comment on this matter .
The writing, however, in general, that:
‘If the member is already invited to udståelse of the penalty, a request for suspension of this punishment, while the issue of replacement/shortening is treated, could not be accepted on this basis alone. Here, the starting point will therefore be that straffuldbyrdelsen must be implemented.’
They write also, that it is the public prosecutor, who shall take a decision regarding the claim for compensation.
‘who must endure the term of imprisonment, and prior to that through no fault of has been arrested and remanded in custody in another case and therefore have a claim for damages may waive such compensation, in return of penalty-waiver/pardon to get truncated the detention of the penalty, the convicted must or are about to endure. It is the responsibility of the Directorate of Probation, handling an application to that effect. It is a prerequisite for the shortening, the convicted person has waived compensation, and that the convicted person has been recognized the claim of the prosecution. Only then can counselors take a position on the question of the shortening.
