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I am not a lawyer, but I do live in Zurich. AFAIK, you can’t actually bring criminal charges as a civilian. You make a complaint to the public prosecutor and t
by FabCH 20d ago
I am not a lawyer, but I do live in Zurich.
AFAIK, you can’t actually bring criminal charges as a civilian. You make a complaint to the public prosecutor and they choose to press criminal charges. Some crimes are only prosecuted if somebody complains. And obviously public prosecutors have far more legal power than civilians.
I wonder how sure UEFA is that the prosecutors will prosecute.
- eviks 20d agoYou mean this complaint explicitly mentioned in the article? > proceeding is within reasonable contemplation for purposes of Swiss law and that Uefa has standing, as a complainant, to file a criminal complaint
- FabCH 20d agoUnless you know what that very specific word means, it’s not obvious to everyone because it’s not the same in all legal systems. It was worth mentioning. It also matters because that means UEFA can only really ask nicely, and hope they get those documents. A public prosecutor could ask both nicely and with force.
- eviks 20d agoBut since you didn't explain the meaning of the word, the person who didn't know would remain deprived of that knowledge > it’s not the same in all legal systems. In which popular legal systems can you bring a charge directly without some state intermediary involved? > It also matters because ... A public prosecutor could ask both nicely and with force. So it doesn't matter since Swiss prosecutor can't use "force" towards a business in New York
- npsomaratna 20d agoThat is quite interesting. Until now, I thought that private prosecutions are a feature in most jurisdictions (even if their scope / applicability is restricted). I'd value the right to present a case to a judge, even if the police or prosecution decline to prosecute.
- edgarvaldes 20d ago>I'd value the right to present a case to a judge Is the case presented directly to the judge/judge's office? Interesting indeed.
- FabCH 20d agoNo. Although I believe some crimes are not optional and must be prosecuted. Somewhat interesting, even if you as a victim don’t want it, some crimes are simply mandated to be prosecuted.
- FabCH 20d agoPrivate prosecution does exist, but only for some crimes. IIRC if the public prosecutor refuses to prosecute libel, I think that is one of the rare few crimes you can prosecute civil-ly.
- dbbk 20d agoThat's what they said. They might raise a criminal complaint.
- brudgers 20d agoUEFA is making the allegations in Florida. It’s a MAGA state. And MAGA’s business deal, isn’t going to go through. UEFA has powerful allies in Florida.
- MadrasTh0rn 20d ago>UEFA has powerful allies in Florida. ok who?
- fmajid 20d agoNo, UEFA is performing discovery in Florida on FIFA's US affiliates to gather evidence of Infantino's corruption. The suit against Infantino will still be filed in Switzerland since that's where FIFA is headquartered (in Zürich).
- brudgers 20d agoThat makes more sense since in the US, corporations (and actual persons) cannot file criminal actions. Only governments (state, local, federal) can bring about criminal proceedings.