Two years in prison for Carl de Moncharline: the process of controversy

Two years in prison for Carl de Moncharline: the process of controversy

In a current case that employs the Belgian courts, the public prosecutor has requested a prison sentence of two years for the accused Carl de Moncharline. This decision was made against the background of a psychiatric expertise, which found a low risk of relapse and the lack of sexual problems. Another aspect that the indictment emphasized is the mediatization of the case that has already arisen, which is a significant burden for de Moncharline. According to la libre the possibility of one Conditioned punishment.

The defense, represented by lawyer Me Jean-Pierre Buylle, has already started her plea and can build on other points on Tuesday. Buylle calls for the cessation of the procedures because he sees a serious abuse of the reasonable period to carry out the procedure - there have been ten years since the last incidents. He criticized that the indictment had initially set the case without further investigation before reeling it again. This raises questions regarding the fairness and the rights of the accused, which are laid down in the [European Convention on Human Rights] (https://www.bfpl-law.com/publications/delai-raisonnable-la-Cour-De-cise-sa position).

Legal aspects of the procedural duration

The topic of the proceedings has become more and more public awareness in recent years. As the Cour de Cassation in France decided on November 9, 2022, the failure to comply with a reasonable period of time has no effect on the validity of the procedure itself, which is explained in [BFPL-LAW] (https://www.bfpl-law.com/publications/delai-raisonnable-la-Cour-De-cise-sa position). This regulation aims to meet the requirements of a fair procedure while the judiciary works at the same time with limited resources.

The reasons for non -compliance with the deadline are viewed differentiated and include the complexity of the case and the behavior of all parties involved. In de Moncharline's case, the defense argued that the long period of time has significantly impaired the evidence and the possibility of defense. These considerations are central to the discussion about the rule of law that aims at compliance with fair procedures. In Germany, as described in bpb.de, the rule of law accompanies the idea and practice of the freedom organization of society in the sense of justice and fairness.

How the Situation develops remains to be seen. The defense will continue to carry out its arguments on Tuesday, and the public will watch out how the appeal will develop in this explosive case.