It is not only the criminals, as the fraud squad fiercely chasing, who find it difficult to keep on the right side of the law.
the Same problem watching the investigators of the public Prosecutor for Special Economic and International Crime, popularly called the fraud squad appear to have.
For the second time within a few weeks, the Extra Magazine is now revealing that the fraud squad has been made and stored intercepts of the klientsamtaler between defence lawyers and their clients.
- I am deeply shaken, says defense attorney Ulrik Sjølin if klientsamtaler among others, have been intercepted.
on Thursday afternoon received the defence counsel a letter from the senior consultant in the fraud squad Jakob Gøtze Pedersen, where it appears that the fraud squad have saved the intercepts of the klientsamtaler, Ulrik Sjølin have had with a 47-year-old woman.
112 - 2. jun. 2020 - pm. 19:28 New illegal wiretaps revealed: SØIK notified to PAT
Of the letter, it appears that the fraud squad has saved an unknown number of klientsamtaler in a high-profile case of money laundering, in these weeks finds its completion in the Court of Frederiksberg.
According to the letter, is the talks subsequently been shared with the parties to the case including the prosecutors, although according to the code of civil procedure should have been deleted, immediately the investigators were aware that there was talk about illegal intercepts.
In hvidvasksagen risk of a 57-year-old Lithuanian woman, up to six years in prison for fabricated companies and helped the russians to launder up to 166 million through Denmark.
in Addition to the 57-year-old woman sitting with her son and a bookkeeper also on trial in the case. They refuse all guilty.
the Case has a direct connection to the hvidvasken of several billion through Danske Bank's Estonian branch, as Berlingske incoming have described.
this is Why klientsamtaler confidential
It is in violation of the code of civil procedure §791 (3), and The European Convention on human rights article 6, if the prosecutor or investigators in the police does not immediately delete the intercepts of suspects, which includes conversations with the suspects ' defence lawyers.
the Recorded conversations as a bycatch in the police investigation of the suspect should the talks be immediately deleted and may not be used in subsequent proceedings.
According to professor of law at the University of Aarhus Jørn Vestergaard, it is a fundamental principle of the rule of law, that defense counsel and the suspect has a confidential space where they can talk about the process in relation to any criminal proceedings. He explains that there must be equality of opportunity for the prosecutor and the defender to prepare.
it is important, Therefore, that the prosecution in secret, do not listen to the forsvarsadvokaternes conversations with their clients.
According to the juraprofessoren can illegal interception of klientsamtaler have far-reaching consequences for the criminal proceedings, where aflytningerne has taken place.
- the Importance of the proceedings against the subject will bl.a. depend on what it is for the information, the police and the public prosecutor's office may have become aware. It may be that the error did not have importance for the proof. In the opposite case, the whole matter may fall to the ground, professor Jørn Vestergaard previously explained to Ekstra Bladet.
Sources: the code of civil procedure, Institute for human RightsShow more Close
112 - 5. jun. 2020 - pm. 21:08 Experts in shock over the skandaleaflytninger
According to Ekstra information is at least three forsvarsadvokaters klientsamtaler been intercepted and stored in the Bagmandspolitiets latest gaffe. The figure may however be higher.
In the letter to the forsvarsadvokaterne explains the attorney general, that there is an error in the communication between the fraud squad and Rigspolitiets Telecenter that is used to store aflytningsmaterialet.
defense attorney Ulrik Sjølin is speechless at the fraud squad.
- When you are a policeman and beats up on page one in the textbooks, then you know that a client must have unimpeded access to counsel. What is said here is confidential and of concern to no one, thunders Ulrik Sjølin.
Ulrik Sjølin will now raise an action for damages for unjust interception to force financial intelligence to present the case to a judge.
- I have no great confidence that SØIK itself is able to investigate the case. Now must the court do it, says Ulrik Sjølin, who will donate any compensation to the Danish hospital clowns.
See also: Ministry be able to pry into sensitive information
fraud squad: Hvidvasksagen has not been affected
the Extra Leaf has Friday tried in vain to get an interview with the Special Economic and International Crime.
In a written comment reject SØIK, to the recent eavesdropping scandal has had an impact on the big hvidvasksag, where fall judgment on Friday.
'SØIK can tell you that the prosecutors in the case did not have access to klientsamtalerne, therefore neither is made in the documents or in the prosecution's preparation of the case,' says the among other things, in an email from the fraud squad.
'the Talks have therefore not had an impact on the treatment of the criminal proceedings,' continues the answer.
'the Talks are now deleted. Guidelines for the management of deletion of klientsamtaler at the intercepts have been implored investigators in SØIK in connection with control,' writes the fraud squad.
Also professor of law at the University of Southern denmark Sten Schaumburg-Müller looks with great seriousness on the matter.
- If something occurs once, can you rightly think, it is a mistake. But when there will be more cases, so it begins to look like a systemic error in the SØIK, also it begins to be a serious problem, says Stone Schaumburg-Müller.
- It is deeply problematic, if the public prosecutor monitors and listening to the forsvarsadvokaternes klientsamtaler. It is totally in breach of the provisions of The European Convention on human rights and the code of civil procedure, adds Stone Schaumburg-Müller.
The new scandal-case is going forward only a week, before falling in the judgment in the massive hvidvasksag.
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Nadia Samina Hayat (TV) and Karina Jamilla Hayat (th) sits in these days on the dock at the court in Glostrup, where they along with their brother are accused to have received more than 50 million dollars from Britta Nielsen's fraud. Photo: Discovery Networks DenmarkSkeletons tumble out of the closet
Thus continues the skeletons fall out of the closet with the fraud squad, who a few weeks ago was revealed in a similar scandal.
Here it was revealed that the fraud squad have systematically monitored, reviewed and in at least one case, quoted from confidential klientsamtaler between Britta Nielsen's daughters and their respective defence lawyers.
- It is a gross violation of the rules, that is, sounded the assessment subsequently from a law professor Eva Smith, en Ekstra Bladet presented her case about the illegal wiretaps in the case against Britta Nielsen's children.
- It should be evident that the investigators in SØIK know the rules for the interception of klientsamtaler, added Eva Smith.
Forsvarsadvokaterne for Britta Nielsen's children has brought the aflytningssagen for The Independent Politiklagemyndighed.