Procedural error or not?
Questioner
I have been in favor regarding a cannabis plantation, which I know has been in operation for a year, now the justice department continues to refer in the verdict to a period of 3 months, during which the nursery was in operation, but the fine for a year....is correct. This is true, and is that allowed? (an appeal has been filed in the meantime)Lawyer
This may have to do with the evidence and a choice of the prosecutor. A statement alone is not enough to prove something. It may be that the prosecution has chosen a shorter period for convenience because they are certain that they can prove it. For example, in the absence of limescale, wear marks and such. The prosecution would rather have an 'easy' conviction for a period of three months than a longer case about whether it was 3 months or 1 year. You mention a fine, is this also referred to as such in the ruling? It may concern a claim for unlawfully obtained benefits. In the case of unlawfully obtained benefits, a longer period than the period for which the conviction was made may be taken into account on the basis of a statement. In this way, the government wants to reclaim benefits obtained from criminal acts.Neem de volgende stap
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