Author Topic: #Assange Clutches At New Straw... Statute of Limitations  (Read 3468 times)

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Offline Alan Taylor

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#Assange Clutches At New Straw... Statute of Limitations
« on: February 08, 2015, 12:51:37 PM »

#Assange Clutches At New Straw... Statute of Limitations

Anonymous Legal Opinion
The term “häktad” explained here:

There's lot of talk about 2020 and the Statute of Limitations expiring.

I think the discussion may be incorrect. I don't know Swedish law, but
under most system, this only applies if no suspect has been identified and
listed as wanted. The Limitation for any individual is suspended as soon as
that person is identified as a suspect. Since Assange has been häktad
since November 2010, the Statute of Limitations doesn't apply.

He can come out in 2020 and still be arrested for the allegations agsint
him - IF the Swedish system is the same.

It appears to be, from the Swedish Penal Code:

Chapter 35, page 158, section 1:
"No sanction may be imposed unless the suspect has been remanded in
custody or received notice of prosecution for the crime within..."

"Remanded in custody" is key here. Assange *has* been remanded in custody
in his absence (häktad). The Swedish verion of the Code uses a similar word:

"Påföljd må ej ådömas, med mindre den misstänkte *häktats* eller erhållit
del av åtal för brottet inom"

which google translate gives as: "detained" rather than "remanded in
Custody", but is what häktad means.

A Swedish legal expert would be able to verify this far better than I. But
to my layman's eyes, it seems quite clear: the Statute of Limitations has
not appied to this case since November 2010.

In addition, again from the English version of the code:
"If an act includes several crimes, then, regardless of what is
stated above, a sanction may be imposed for all of the crimes,
provided that a sanction can be imposed for any one of them."

So if it does apply, it doesn't expire for any offence before 2020.

So if Assange's plan is to escape by waiting, it simply will not work, in
my view.

« Last Edit: February 08, 2015, 15:04:24 PM by Alan Taylor »