The court of appeal rejected the request for annulment in view of the “ invalidity purge mechanism ».
The Court of Cassation validates this rejection. Indeed :
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the accused could have been aware of some of the irregularities that they invoked before the court of appeal before the closure of the investigation;
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the irregularities that they invoked before the court of appeal and of which they could not have been aware before the closure of the information have not been proven.
Telephone conversations should not be excluded from the debates
The politician and his lawyer asked the court of appeal to exclude from the proceedings the transcriptions of telephone conversations intercepted between them, because they would infringe, in particular, the rights of the defense. The court of appeal rejected this request.
The Court of Cassation validates this rejection.
Indeed, since they have not been canceled, these transcriptions are procedural documents which cannot be excluded from the debates.
In any case, according to the European Court of Human Rights, a judge can take into account the tapping of telephone conversations between a lawyer and his client, if two conditions are met.
The content of telephone conversations:
In this case, these two conditions are met.
Offenses are established
La corruption
Belgium
