The man who has been arrested and charged with the murder of Kristin Juel Johannessen, the previously convicted and acquitted of murder.
That means that man is subjected to repeated prosecution. Jon Petter Rui professor of law at the University of Bergen and has written a book on the subject.
– This is a fundamental constitutional principle that those who have been subjected to a prosecution that has resulted in a final decision, not may be prosecuted again for the same offenses, says Rui.
Must be new evidence
Rui explains why Kristin case is still possible to view the man who earlier convicted and acquitted of murder.
– In the Criminal Procedure Law states that if there is new evidence in the case that makes one presume that the person still is guilty, one can resume the case, says Rui.
There’s Act § 393 describing conditions that make it possible to resume the case (see fact box).
– One can reopen a case in favor or to the detriment of the accused. In this case it will then be the talk of reopening to the detriment of the accused, on the basis that there is new evidence of significant importance, says Rui.
– If there probably strong evidence
Law professor Alf Petter Høgberg also believes that there is no doubt that the matter can be resumed.
– This is also in the European Convention on Human Rights Protocol 7, Article 4. 2 which allows prosecution in case of new evidence. One can resume criminal cases when there is new information or evidence which substantiates that the accused is guilty of the offense, says Högberg.
See full Article 4 of Protocol 7 of the European Convention on Human Rights in facts box.
Police say they have new, strong evidence
Police in Oslo Police District, Christine Fossen said at a press conference in the afternoon the reason why the man previously convicted and acquitted, has been arrested again.
– We have technical findings that are strong that we decided to apprehend the accused, says Fossen.
New analyzes and ancient DNA -Property should be central to his arrest.
– For the case to be resumed, the evidence that exists to be new and so strong that it has reason to believe that the case get a different outcome than it did the previous right round . There are those probably here, says Rui.
Rui explains that new analyzes of ancient DNA evidence, are considered as new evidence.
– The case would probably not been resumed in the United States
– In the US, much stricter rules for a case to be resumed, says Rui.
– In broad terms it is only in cases where there is evidence that some of the jury had bonds that have influenced their decision, which makes it possible to retrieve a prosecution that has resulted in a final decision, says Rui.
This happens in the case
The police will now ask Public Prosecutor to submit a petition to the Criminal Cases Review Commission to have the case officially resumed.
– The requirements for resuming the matter is that there is new information or new evidence that may lead to conviction, said Acting Deputy Police Kjell Johan Abrahamsen At the press conference on Thursday afternoon.
The police do not have to wait for a case to be resumed before they initiate further investigation and stated that the investigation will be ongoing throughout the summer.
– I am glad that the police established a special project team to look into this assassination full time, says Attorney General Tor-Aksel Busch told Dagbladet.
He does not want to go into details about the investigation, but says that DNA evidence will be central to the assessment of resumption.
– DNA evidence has been a central previously in this matter and it is central to this time, says Busch.
Now he waits for the police to finalize the investigation.
– So Prosecutions consider whether there are grounds for reopening. Then the case will eventually go to the Criminal Cases Review Commission, says Busch.
Commission determines
Criminal Cases Review Commission will then make a thorough investigation of the factual and legal aspects, before members of the Commission will decide whether the request should be made to follow.
If a case should be reopened, the question of guilt and / or sentencing retried.
The Commission shall refer the matter to a retrial by another court than that rendered the current judgment.
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