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JDPriestly

(57,936 posts)
Mon Aug 20, 2012, 08:26 PM Aug 2012

So why is it so important to extradite Assange to Sweden?

Could it be this?

Rights of defendants under Swedish law:
Police and prosecutors are responsible for conducting investigations to determine whether an individual should be prosecuted for a crime. Prosecution is mandatory if guilt has been established through the investigation period.

A defendant is entitled to counsel as soon as reasonable suspicion is established during the investigation stage. The defense attorney may ask the prosecutor to conduct specific investigations on the defendant's behalf.

Any witness may be interrogated for up to six hours. In some jurisdictions such as Gotenburg, the local municipal council hires lay individuals to attend and document interrogations.

There is no right to bail in Sweden although individuals who are released without detention may have their travel restricted by court order.

http://defensewiki.ibj.org/index.php/Sweden

Read the rest. The evidence is all in by the time of trial. Apparently surprises are not allowed. No Perry Mason drama in Sweden. The article could be exaggerating this.

Here is the contrast in British procedures and law:

If you are questioned, but not charged, the Police can release you on bail on the basis that you must come back for further questioning at a later date. If you have been charged they can still release you on bail unless:

There is a suspicion that you have not given your correct name and address
You are a threat to yourself or others
You will abscond

They can also give you conditional bail citing where you must live or a curfew etc.

If the Police have kept you in custody then the Court can decide to give you bail, conditional or otherwise, and they can decide that you needed to be kept in custody if:

You will abscond
There is a strong possibility you will commit further offences
You will threaten or otherwise interfere with witnesses

Representation
The rules and procedures governing the Court system are nothing short of a mystery to the majority of people, no matter how many crime dramas you watch. That is why it is always in your best interest to obtain your own legal representation. There is nothing stopping you defending yourself, in fact you have a right to do so if you wish, but the situation is likely to be emotionally charged, as well as complex, and it may be best to have someone who is not as close to the situation as you are; someone who can guide you through it all with a clear

http://www.abouthumanrights.co.uk/your-rights-defendant-court.html

I find this troubling about Swedish law, but it may just be that I don't understand what it means in terms of Swedish procedure and the flow of a case.

"Prosecution is mandatory if guilt has been established through the investigation period." No doubt Sweden presumes innocence until proven guilty but this article leaves some question as to the defendant's role and rights during the investigation period.

Does anyone have experience with Swedish criminal law? British law?

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So why is it so important to extradite Assange to Sweden? (Original Post) JDPriestly Aug 2012 OP
Do we need an Assange Activism forum? randome Aug 2012 #1
Do we have a forum for posts concerning the media in general? JDPriestly Aug 2012 #2
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