Wednesday came two new judge after ankesaker in the Gulating lagmannsrett. The cases are investigated as part of operation “Dark Room” in the West standings.
One of the two sentenced a 57-year-old bergenser. After having appealed in Bergen district court, he is now sentenced to 16 years detention in the court of appeal.
the Abuse is committed by the accused have ordered, paid for and in detail instructed about the abuse from Norway. Abuse has so been live via the internet.
Now, however, the police methods in the case lead to a new place in court.
– Used provokative methods
57-year-old from Bergen was in January 2017 arrested and charged with having ordered and purchased overgrepsmateriale from a manufacturer in the Philippines.
After that to possibility was apprehended, it took the police a Skype contact with the philippine manufacturer. There, they published the out to be Norwegian.
The secret action led to that the filipino police could action against the man who ran the production of overgrepsmateriale.
the Prosecutor in the case, district attorney Jan-Inge Wensell Raanes, expect that the case will be appealed to the Supreme court.
A question is whether there are used methods that are illegal when one has provided evidence. It is used provokative and infiltrerende methods on the web, says attorney general Raanes.
MAY HAVE USED ILLEGAL METHODS: the Police may have used methods that are illegal when they acquired the evidence in the case.
Photo: Simen Sundfjord Otterlei / NRK Defender considering appeal
the Man’s defense, Torbjørn Kolås Sognefest, confirms that the methods can be taken up if the matter subject to appeal.
What the prosecutor says about the methods that are used is important. It can of course be an issue, if the matter being appealed.
Sognefest says there is a possibility that the judgment be appealed to the Supreme court. But adds that it is too early to say more on the day after the judgment came.
In addition to the methods, is also forvaringsstraffen and conviction for human trafficking, the factors that can be appealed, according to attorney general Raanes. Of the two convicted was only 57-year-old convicted of human trafficking.
Lawyer Ellen Eikeseth Mjøs, says the victims are still characterized by what they were exposed to.
She emphasizes that their difficult living conditions made them an easy victim of cynical exploitation.
– They are grateful that it happened was discovered by the Norwegian police. Thus, it was put a stop to the abuse they were subjected to.
Mjøs adds that they are very satisfied with the strict forvaringsdommen.
– Distinguish between provoking evidence and crime
law professor Jørn Jacobsen at the University of Bergen says that there is a distinction between provoking the evidence and to provoke a criminal act.
SEPARATE: Professor Jørn Jacobsen at the University of Bergen, says there is a distinction between provoking the evidence and to provoke a criminal act.
Photo: University of Bergen
as long As the police do not have fremprovosert a criminal offense, the police work basically nothing to say for straffansvaret.
Jacobsen emphasizes that he pronounces himself on a general basis. He says that the police arrangements must be prudent.
– the Police have a certain room to use such methods, but then applies certain requirements. If a crime has already been committed and the police pretending to be the person to provide evidence, as have the police, their activities are not influence on crime in itself.
Read also: Extensive “Dark Room”-the indictment against the man (56): Ordered the rough molestation of small children
