Friday, January 27, 2017

Jusprofessorer about Monika-the appeal: – Very unusual that this happens – NRK

Donatas Lukosevicius, who is sentenced to 18 years ‘ detention for the murder of Monika Sviglinskaja, still want to appeal drapsdommen.

The reported TV 2 today. The sentenced 34-year-old has also changed the defense, from a lawyer Asmund Sandland to the lawyer John Christian in the Fire.

According to the Fire claim Lukosevicius that he never withdrew the appeal, such attorney general Benedicte Hordnes illuminated in a news release Tuesday.

– We relate to that we have got a ankeerklæring where Lukosevicius has signed that he withdraws the appeal, ” says Hordnes to NRK.

It is when the supreme court will consider whether it is a ankesak.

Facts about Monika’s case and sentence

  • Eight-year-old Monika Sviglinskaja was found dead in the home on Sotra 14. november 2011. Nine months later the case was dismissed as a likely suicide.
  • the Mother, Kristina Sviglinskaja, asked earlier Anders-detective Asbjørn Hansen to look into the matter. He criticized the henleggelsen.
  • In may 2014, the Hordaland police district investigation. In October of the same year was the mother’s former roommate, Lithuanian 34-year-old Donatas Lukosevicius, arrested.
  • the Trial started in the Nordhordland district court 30. may of this year. Lukosevicius is prosecuted for murder under particularly aggravating circumstances. He refuses the fault.
  • last year, the policeman and the reporter Robin Schaefer out a book in which he criticizes the California politidistrikts handling of the case. Spesialenheten for police matters has imposed Hordaland police district a fine of 100.000 nok for the rough uforstand in the service.
  • Wednesday 22. June let the prosecution down the claim about the 18 years of detention with a 10-year minimum time for Lukosevicius, who is convicted several times in Lithuania.
  • Monday, 25. July 2016 was Donatas Lukosevicius sentenced to 18 years ‘ detention for the murder of Monika Sviglinskaja.

Source: NTB

– Very unusual

Ørnulf Øyen, professor of law at the law faculty at the University of Bergen (UiB) describes the current twist in Monika case as very special.

In criminal cases, most of which have no stand for it. It is very rare that you have appealed, then pulls the appeal, and then wants to appeal again. I don’t have statistics on this, but it is rare, says the Island.

Nor does the professor of law Asbjørn Strandbakken, University of bergen can come in a similar circumstances.

– this happens when There is a problem in connection with the various types of penalties that one has accepted forelegget but later changes his mind. But it is very rare that happens in this type of criminal, ” he says.

– in PARTICULAR: law professor Ørnulf Øyen says that it is unusual that a that it after an appeal is withdrawn is claimed that it is not.

Photo: Dag Harald Kvammen Andersen / NRK

Must consider the circumstances around the

the Island explains that it is essential for about it gets a ankesak, is the circumstances around how Lukosevicius withdrew the appeal on Tuesday.

– If Lukosevicius believe that he has not withdrawn the appeal in a valid way, he can appeal the decision to elevate the case before the supreme court to get it changed. He gets it, will the original appeal case proceed, saying the Island.

But if he legal has withdrawn the appeal of his, and was aware of what it entailed, it will be difficult to change the decision to raise the matter, he continues.

Strandbakk compares to the opinions to do with the evaluations one makes to determine whether a testament is valid.

– One has to look at the circumstances surrounding the petition to raise the appeal. It goes on to look for defects in the signature, the mental condition of his, that he was not subjected to pressure and that he was aware of the consequences, he says.

– unlikely that he’ll get through a new appeal

the Island tells that it is possible to appeal a case, but that it is very unlikely to get a new appeal tried.

– A new appeal comes in this case for a long time after that with an appeal deadline has passed, which is two weeks after the judgment is proclaimed. Then it will be very difficult to get a new ankesak, says the Island.


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