Business law expert Kunz harshly criticizes Zurich judiciary
Published: Tuesday, Feb 20th 2024, 16:10
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Bernese business lawyer Peter V. Kunz harshly criticizes the Zurich judiciary after the first-instance verdict against Pierin Vincenz was overturned. The district court should have dismissed the indictment in the first instance. This had been controversial right from the start. This was a "tragedy" for the judiciary - and even more so for the accused.
They must now continue to live with uncertainty, said the professor of commercial law and comparative law at the University of Bern on Tuesday at the request of the Keystone-SDA news agency. The lives of the accused are practically on hold. Because their assets are still frozen, they are facing existential questions.
He could not understand why the district court had not already dismissed the indictment. Kunz had already criticized the fact that it was too "chatty" before the trial at first instance. The high court had confirmed this by classifying it as "too extravagant".
Now the proceedings are back to square one and will drag on for years again. As Kunz calculated, the amended indictment can perhaps be expected by the end of 2024, the trial before the district court in 2025 and a ruling by the Federal Supreme Court in 2028.
If Pierin Vincenz were to go to prison, he would be in his mid-seventies. At that point, the accusations against him would date back 25 years. That would not be worthy of a constitutional state.
Not to mention the costs for the taxpayer, Kunz continued. The High Court had awarded Vincenz and co-defendants around CHF 400,000 in legal fees. With the remittal, the whole thing starts all over again - with corresponding cost consequences.
The case shows how dangerous it is when Swiss courts rely on long indictments and short interrogations. It would be better to clarify the details during the trial.
Kunz also pointed out that the presumption of innocence and the principle of acceleration also apply to well-known people. Media reports and envy would not change this.
The Vincenz case should actually scare inexperienced or poorer people, said Kunz. Virtually defenceless, they could one day find themselves facing an indictment with procedural errors and be sent to prison without justification.
©Keystone/SDA
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