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Two years in prison for Carl De Moncharline: The trial of controversy
The trial against Carl De Moncharline, Bruchsell's night figure, calls for two years in prison. A verdict is imminent.
Two years in prison for Carl De Moncharline: The trial of controversy
In a current case before the Belgian courts, the public prosecutor has demanded a prison sentence of two years for the defendant Carl De Moncharline. This decision was made against the background of a psychiatric report that found a low risk of relapse and the absence of sexual problems. Another aspect that the prosecution emphasized is the mediatization of the case, which has already created a significant burden for De Moncharline. According to La Libre, the possibility of a conditional sentence is also being considered in court.
The defense, represented by lawyer Me Jean-Pierre Buyle, has already started its argument and can build on further points on Tuesday. Buyle is calling for the proceedings to be discontinued as he sees a serious abuse of the reasonable time allowed to carry out the proceedings - ten years have now passed since the last incidents. He criticized the fact that the prosecution initially closed the case without further investigation before reopening it. This raises questions about fairness and the defendant's rights as enshrined in the European Convention on Human Rights.
Legal aspects of the duration of the procedure
The issue of procedural length has become increasingly public in recent years. As the Cour de cassation in France decided on November 9, 2022, failure to comply with a reasonable deadline has no impact on the validity of the procedure itself, which is explained in detail in Bfpl-Law. This regulation aims to meet the requirements of a fair trial while at the same time making the judiciary work with limited resources.
The reasons for non-compliance with the deadline are considered in a differentiated manner 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 significantly impaired the value of the evidence and the ability to defend itself. These considerations are central to the discussion about the rule of law, which aims to ensure fair procedures. In Germany, as described in bpb.de, the rule of law accompanies the idea and practice of the free organization of society in the sense of justice and fairness.
How the situation develops remains to be seen. On Tuesday, the defense will continue to make its case, and the public will be watching closely to see how the appeal in this explosive case develops.