The Federal Prosecutor should document discussions with parties to the proceedings to the attention of the files. The Supervisory authority recommends that the office of the attorney General (BA) in its annual report for 2018, which was presented on Thursday in Bern.
The authority is responding to the non-documented Meeting of Federal Prosecutor Michael Lauber with the President of Fifa, Gianni Infantino, to process complex football. This employed the AB-BA in the last year.
Lauber and Infantino had met in the year 2016 twice. The first Meeting served the General arrangement of the process complex by Lauber. At the second Meeting, proceedings were, therefore, specific questions with regard to the specific release of Fifa's internal documents in the foreground.
not to mention On a possible third Meeting in the year 2017, as well as on the preliminary investigation of a possible disciplinary investigation, the-BA in the activity report. At the survey Meeting in the year 2016 Lauber had indicated that there had been no further Meetings with representatives of Fifa or Uefa at the level of the Federal lawyer. Whether that's true or whether there was a third Meeting to show the preliminary investigation.
writes the Meeting in the year 2016, the BA -, in the concrete case, the Federal government will criminal court have to decide on the appropriate request of a party to the Proceedings, which could result in procedural consequences of an informal Meeting of the Federal Prosecutor with one of the parties. It is the Supervisory authority not to stand therefore, a conclusive assessment.
a Meeting does not, in principle, be problematic
The-BA acknowledge the need of law enforcement authorities, depending on the concrete constellation, and the complexity of the investigation, the more procedural approach, with the parties and coordinate, where appropriate, also, in the report of the authority. "In this respect the deemed-to-BA, the mere fact that two Meetings have taken place, not as a problem.
to Systematically scrutinize the involvement of such informal contacts in the overall system of the code of criminal procedure, however "". This requires that all significant procedures are to be recorded acts to be documented. Similarly, it requires that all parties to the proceedings, to the extent that they have a legally protected interest, equally has the right to inspect the complete files.
Therefore, the AB-BA has adopted the recommendation that the Federal Prosecutor involved in discussions with the parties, or other procedures to the attention of the procedural files documenting the place, the time, the date, the description of the functions of persons present, the goal and the essential contents of the discussions are to be logged. Whether or not the recommendation was implemented, to be inspected by the end of 2019.
their investigations in connection with football, the Federal government took advocacy to a display of the Fifa in November 2014. A first criminal case against persons Unknown was opened in March 2015. Meanwhile, the complex to around 25 procedures is growing, the cooperation with 15 States and 19 terabytes of seized data. (aru/sda)
Created: 25.04.2019, 11:47 PM