Tue, Dec 30
VEB Fund in connection with the re-issue of the expiry of crime has risen, and the topic of an attorney Leon Glikman estimates are not customary in democratic countries in similar cases, a longer period may apply.
Although the Bank of Estonia admitted that sent the Russian Foreign ems uk Economic Bank in 1995 deliberately misreported the frozen funds of the letter, you can not start the State Prosecutor's Office to examine ems uk whether there was an official counterfeiting by malicious or not, since an offense is now obsolete.
"The crime of the second degree is a limitation period ems uk of five years. In democratic countries selleliigilistes matters longer limitation period does not apply to, rather than a shorter period of limitation, "said Glikman Delfi. "Changing the law would not change anything in this case, since the Penal Code and the Constitution, as well as Estonia mandatory international standards do not permit retroactive criminalization ems uk enable norms," he continued.
"With regard to similar topics, is caught in the subsequent regulations applied retroactively, which is the European ems uk Court of Human Rights (ECHR) has made a number of condemnatory judgments," said Glikman.
"Timeout must be provided in accordance with the principle of specificity of an objective basis, so that stretches the concept of seeing" the public interest "could not spend it. For example, the Court found the settlement Liivik v Ireland ems uk that such subjective terms such as "people's sense of justice" and "the reputation of the country" is not relevant to the categories of criminal law, "he added.
Glikman According to the Constitution can be called a person of counterfeiters, if he has been finally ems uk disposed of in a criminal matter. At the same time, he said, This does not preclude evidence of falsification, or raise the issue of prohibition of the ongoing proceedings, civil or administrative tribunals or to be initiated in the future to refer matters.
"Adulteration might be revealed by the fact itself may be up to five years ago enforced court challenging the basis for the review by the procedure, if it is so important evidence, which suggests that, if the court would have been aware of this, it would have the effect made a different decision," said Glikman.
Privatization eksjuht Jaak Liivik was sentenced in 2004 to six months in jail convicted of crimes committed professional. According to the indictment Liivik the state to reimburse up to 100 million euros in damages to the Estonian ems uk Railways can get five locomotives of Russian origin ems uk for resale ems uk or rental. In addition, it undertook to keep the order of 50 million euros for up to seven years in state bank account.
In addition to the financial penalty of imprisonment was Liivik: he had to pay the state nearly 1.4 million euros for the damage caused. The prosecution threatened ems uk by illegal Liivik commitment of state property and the preservation of the country's reputation discredited.
Liivik appealed against the judgment of the ECtHR was published in June 2009. The solution, in which the Court held, unanimously, that the Republic of Estonia Jaak Liivik upon conviction violated the European Convention on Human Rights and Fundamental Freedoms. Indeed, it may not be held guilty of any criminal offense under the Convention anyone - of any act or omission which was committed while under national or international law, it was not a crime.
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