https://www.vrt.be/vrtnws/nl/2020/02/04/toegangscode-gsm/
Translation :
Suspect may be required to hand over the GSM access code, judges Court of Cassation (Belgian Supreme Court)
An investigating magistrate may oblige someone to hand over the access code from her or his mobile. The Court of Cassation ruled that. Even more: if someone refuses, penalties can be imposed. According to the Court, this obligation cannot be seen as a restriction on the right not to incriminate yourself.
Imagine: you were arrested and the police seized your cell phone. An examining magistrate asks for your access code to be able to look in your mobile. Is that allowed? According to the Court of Cassation, it is certainly possible, albeit under certain conditions. That has now been explicitly stated in a judgment.
The reason for the judgment was a drug case in which a suspect refused to give the access code of his smartphone to the investigating judge. There was litigation as far as cassation, but the suspect was ultimately wrong there.
Punishable
The Court has ruled that someone can be punished if they do not want to cooperate. Philippe Van Linthout, president of the Belgian association for investigating judges, calls the ruling "a fantastic" and "groundbreaking judgment" because it puts an end to a period of uncertainty.
"Whether this law will change everything, I do not know, because the law imposes a number of guarantees," Van Linthout explains. For example, the investigating judge must be able to demonstrate that a suspect can know the code.
This is possible, for example, if someone has seen that the suspect was constantly sliding on his cell phone. "If that person is subsequently arrested and says that he does not know the access code of the device, you can ask someone to give the code or to be prosecuted for not giving that code."
"There are prison sentences of up to three years," says Van Linthout. "And if we can prove that a crime could have been prevented, it could take up to five years."
Not incriminating yourself
The new penalty provision would not be contrary to the right not to accuse yourself - so-called self-incrimination - and the broader presumption of innocence. After all, it can never be intended that this would prevent a person from gathering evidence that can be lawfully obtained from the suspect.
In addition, the prohibition of self-incrimination must be interpreted strictly. In
... keep reading on reddit ➡Disclaimer: All the accused are innocent until proven guilty by the court of law, even if they may sound as being guilty. Currency in Armenian Drams unless specified otherwise.
Yesterday, Cassations court took the Kocharyan case paperwork back so it could make a copy. Today, a new Cassations judge has been appointed to hear the case in which the prosecutors are challenging the earlier verdict.
https://www.armtimes.com/hy/article/162725
Artsakh war commando and politician Samvel Babayan claims that his political opponent (and Artsakh president candidate) Araik Harutyunyan's gangs opened fire towards his car near the Sevan-Martuni freeway. Babayan gave specific names and said the gangs are directly under the protection of Harutyunyan. Babayan has asked NSS to investigate. Babayan said these armed gangs are also active in Artsakh and spread terror among the population. Babayan threatened to act himself if nothing is done to stop them.
https://armtimes.com/hy/article/162653
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The accused Araik Harutyunyan has denied the accusations. Called it a misinformation. Urged Babayan not to "blackmail" them. He said if there is a personal conflict between Babayan and other participants, the police should investigate to find out what happened.
https://armtimes.com/hy/article/162679
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NSS chief Vanetsyan says the participants are known, and it's clear what happened. Says the incident did happen and it was a result of financial disputes between two groups of people.
https://armenpress.am/arm/news/976663.html
The government held a session today.
They approved an amendment to the bankruptcy declaration laws. Justice Minister Zeynalyan says the change will also help to improve Armenia's rating in "Doing Business" index. Numerous transparency, efficiency and rights protections reforms are proposed. (still needs a Parliamentary approval)
https://armenpress.am/arm/news/976672.html
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Another reform was approved regarding Cadastre committee (property registrations).
Physically stamping the documents will no longer be necessary. This will improve electronic and paperless processing, and better integrate with other agencies' work. The property ownership certificates will change. (needs Parliamentary approval)
https://armenpress.am/arm/news/976693.html
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Pashinyan noted that this is the last time tha
... keep reading on reddit ➡
Disclaimer: All the accused are innocent until proven guilty by the court of law, even if they may sound as being guilty. Currency in Armenian Drams unless specified otherwise.
NSS has arrested several Gyumri municipality officials for allegedly taking bribes in exchange for allowing an illegal construction to proceed. A high ranking official and his aide are charged with 3 felonies.
https://armtimes.com/hy/article/162778
The Special Investigative Service has reviewed the recent report by SOC (State Oversight Committee) which stated that they found license plate purchasing contract violations done by the police, and concluded that the SOC was correct. Felony investigation is launched.
https://factor.am/156120.html
The police has raided properties belonging to the brother of former HHK Transport Minister Gagik Beglaryan. His brother was also a HHK MP. The raids are about the North-South highway project construction fraud recently uncovered by the authorities.
https://hetq.am/hy/article/104217
Several military officers have been arrested for stealing fuel from 11 military vehicles and replacing it with water, rendering them inoperable. The incident happened a while ago. https://armtimes.com/hy/article/162770
NSS has arrested 2 people, including the former mayor of Qarvachar, Artsakh, in connection with yesterday's shootings towards Artsakh presidential candidate and war hero Samvel Babayan's allies' cars. Babayan blamed another Artsakh presidential candidate for it. However, the NSS said it was a financial dispute between the groups. Several other participants are viewed as suspects.
Babayan insists he doesn't have financial disputes with the suspects, and it was a political attack in which over 50 people are involved from the other side.
The investigators insist it was a personal dispute between Babayan's team and the other side's team. The investigators are examining the possibility that the real target of the shooting was one of Babayan's team members, who the shooters believed was in one of the cars; the shooters had personal issues with this man, according to the theory.
https://armtimes.com/hy/article/162769 - - https://armtimes.com/hy/article/162795 --- https://www.armtimes.com/hy/article/162825 --- https://www.armtimes.com/hy/article/162837
Prosecutors are challenging the recent Cassations verdict that freed Kocharyan. They have asked the Cassations chief judge Vazgen Rshtuni to recuse himself from
... keep reading on reddit ➡https://www.vrt.be/vrtnws/nl/2020/02/04/toegangscode-gsm/
Translation :
Suspect may be required to hand over the GSM access code, judges Court of Cassation (Belgian Supreme Court)
An investigating magistrate may oblige someone to hand over the access code from her or his mobile. The Court of Cassation ruled that. Even more: if someone refuses, penalties can be imposed. According to the Court, this obligation cannot be seen as a restriction on the right not to incriminate yourself.
Imagine: you were arrested and the police seized your cell phone. An examining magistrate asks for your access code to be able to look in your mobile. Is that allowed? According to the Court of Cassation, it is certainly possible, albeit under certain conditions. That has now been explicitly stated in a judgment.
The reason for the judgment was a drug case in which a suspect refused to give the access code of his smartphone to the investigating judge. There was litigation as far as cassation, but the suspect was ultimately wrong there.
Punishable
The Court has ruled that someone can be punished if they do not want to cooperate. Philippe Van Linthout, president of the Belgian association for investigating judges, calls the ruling "a fantastic" and "groundbreaking judgment" because it puts an end to a period of uncertainty.
"Whether this law will change everything, I do not know, because the law imposes a number of guarantees," Van Linthout explains. For example, the investigating judge must be able to demonstrate that a suspect can know the code.
This is possible, for example, if someone has seen that the suspect was constantly sliding on his cell phone. "If that person is subsequently arrested and says that he does not know the access code of the device, you can ask someone to give the code or to be prosecuted for not giving that code."
"There are prison sentences of up to three years," says Van Linthout. "And if we can prove that a crime could have been prevented, it could take up to five years."
Not incriminating yourself
The new penalty provision would not be contrary to the right not to accuse yourself - so-called self-icrimination - and the broader presumption of innocence. After all, it can never be intended that this would prevent a person from gathering evidence that can be lawfully obtained from the suspect.
In addition, the prohibition of self-incrimination must be interpreted strictly. In
... keep reading on reddit ➡