When the police occupies both your home and datautstyret, there is no doubt: When you have status as charged, says lawyer Arvid Sjødin.
The experienced defender, known from both the Birgitte-case and the Baneheia case, reacted strongly when he Thursday saw the story about Stig Larsen (58) from Godvik, Bergen.
– This is the use of coercive measures,
the Same afternoon that Larsen found her dead in bed, he was brought in to politiavhør, had computer equipment seized, and his house sealed at. After five days he got to move home again.
I would argue that it is coercive measures as the trigger charge out from the straffeprosesslovens section 82, says Sjødin.
REACT: Lawyer Arvid Sjødin believe the police’s handling of Stig Larsen qualify for the charge and that the Larsen thus can apply for a replacement.
Photo: Ole Andreas Bø / NRK
He will have the support of attorney John Christian the midst of the Fire:
– the Sum of the actions described here sound normal that a charge, on the straffeprosesslovens section 82, and he should have had appointed the defender and been foreholdt their rights.
The suspect gets post as charged when the prosecution has declared him for the sight or when the pursuit against him is initiated by the court or it is decided or made the arrest, search, seizure or similar measures aimed against him.
Straffeprosesslovens paragraph 82 / Lovdata
– Drapsetterforskning
you Are indicted in a criminal case, has the right to a defense and to read the case documents in their own case. One can also have the right to compensation for wrongful criminal prosecution if it is proved that the indictment was groundless.
the Police must of course have the right to make the investigation of a suspicious death. But then, they also give people the rights they are entitled to, ” says Sjødin.
He responds especially that the police seized Larsen computer and tablet.
– When the police is reviewing his correspondence, which is on the data, make the simply a drapsetterforskning that is directed against him, says the lawyer.
Asks Larsen to consider to require the replacement
He recommends Larsen to ask the police about a confirmation that he was indicted in the case and then consider a claim for damages.
– When the police raider your house and you need to be away from your home, the environment will detect it and rumors start to go. Then you will have a need to prove yourself, ” says Sjødin.
Stig Larsen confirms to NRK that he intends to contact the police for both to have discussed the issue and get clarity in what status he had before the police concluded that the samboerens death had natural causes.
– To search for a replacement is something I have not thought of before. But if the opportunity is there, so I will of course consider to do it, ” says Larsen.
a LOT of the POLICE: More police street patrols responded to Stig Larsen residence in Godvik in connection with the death.
Photo: Tipsbilde Think he got the order to join the police
Lawyer Erik Keiserud is one of Norway’s foremost experts on the criminal. He believes plomberingen of the house does not in itself trigger the charge and that the determining factor is whether the police have seen on the Larsen as the suspect in the case or as a witness.
– If he is suspected, and they both take seizures and refuses him to come back to his house, then in my opinion the limit for the charge exceeded, ” says Keiserud.
the Police believe Stig Larsen was never apprehended.
Even he says to NRK that he felt that he never had any choice whether to be with the police or not.
– There was never any question. It was an order, ” he says.
An arrest will automatically trigger the status as charged. The only exception in such a situation is described in politilovens section 8, which gives the police permission to bring in a person “taken on or at a place where it must be assumed to be committed a felony immediately prior”, but not beyond 4 hours.
Can make åstedsundersøkelse
the Leader of the påtaleavdelingen in the West police district, Gunnar Fløystad, says to NRK that the police general may make investigations to secure evidence and establish whether there has been a criminal offence or not.
– we’re Going to take the fittings at the other, we need a legal basis for it, ” says Fløystad, on a general basis.
Stasjonssjef Monica Dark at the Bergen west politistasjonsdistrikt don’t want to comment about the opinions that were made when Larsen roommate died, which was done by the Joint straffesaksinntak (FSI) in the West standings.
Politijuristen who had påtaleansvar in the matter has ceased. FSI refers to the incidents of violence and sedelighetsseksjonen. It has not succeeded NRK to get in touch with the section leader, May-Britt Erstad.
