observer Posted March 5, 2013 Report Share Posted March 5, 2013 Seems the Russians are to prosecute a dead guy for alleged fraud offences - perhaps we could do the same with Jimmy?! Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 Will he get a stiff sentence Quote Link to comment Share on other sites More sharing options...
Lt Kije Posted March 5, 2013 Report Share Posted March 5, 2013 Do they have the death penalty in Russia?, just think if he gets sentenced to a salt mine he may end up getting preserved !!!!!! Quote Link to comment Share on other sites More sharing options...
observer Posted March 5, 2013 Author Report Share Posted March 5, 2013 Perhaps this is taking the spirit of the law a bit too far?! Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 After the restoration the bodies of Oliver Cromwell and others involved in the execution of Charles I were exhumed and "executed" for high treason. I suspect we've moved on a bit since then - unlike Vladimir Putin's Russia Quote Link to comment Share on other sites More sharing options...
asperity Posted March 5, 2013 Report Share Posted March 5, 2013 I suppose it depends on whether any good would be achieved by prosecuting a dead person e.g. being able to retrieve any money they had fraudulently gained when alive. I don't really know. Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 I suppose it depends on whether any good would be achieved by prosecuting a dead person e.g. being able to retrieve any money they had fraudulently gained when alive. I don't really know. Wouldn't you sue their estate, civil rather than criminal courts? Quote Link to comment Share on other sites More sharing options...
asperity Posted March 5, 2013 Report Share Posted March 5, 2013 Well I should think that you would have to prosecute first to establish that fraud had in fact taken place. After all you can't prosecute the descendants for a crime they haven't personally committed can you? Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 Well I should think that you would have to prosecute first to establish that fraud had in fact taken place. After all you can't prosecute the descendants for a crime they haven't personally committed can you? Not prosecuting - but suing- his estate not his descendants , just as there are moves to sue Jimmy Saville's estate. Quote Link to comment Share on other sites More sharing options...
asperity Posted March 5, 2013 Report Share Posted March 5, 2013 But in order to sue the estate you would have to prove that some wrongdoing had taken place which would be tantamount to trying a dead man. Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 But in order to sue the estate you would have to prove that some wrongdoing had taken place which would be tantamount to trying a dead man. Tantamount, arguably, but not the as trying for a criminal offence- the deceased would not be found guilty of a crime and, as it is a civil action, the burden of proof is far lower. Quote Link to comment Share on other sites More sharing options...
Bazj Posted March 5, 2013 Report Share Posted March 5, 2013 I don't see how they can sue Saviles estate.... As asp says, they would need a solid proof conviction that he did commit the crimes he has been accused of after his death... Had Savile been caught and tried before he died; he may well have still got off on a technicality as these things do happen.... in which case he would have been innocent in the eyes of the law and not capable of being succesfully sued! and anyway, there may not have been as many people suing him if he were still alive as I'm pretty sure some may well be after an easy buck and were no more a victim than I am! Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 were no more a victim than I am! Is there something you want to share - it may help you if you unburden yourself Quote Link to comment Share on other sites More sharing options...
Nick Tessla Posted March 5, 2013 Report Share Posted March 5, 2013 I don't see how they can sue Saviles estate.... As asp says, they would need a solid proof conviction that he did commit the crimes he has been accused of after his death... You don't need a conviction (criminal) to sue (civil) someone or their estate Quote Link to comment Share on other sites More sharing options...
asperity Posted March 5, 2013 Report Share Posted March 5, 2013 And why would the burden of proof be less? Quote Link to comment Share on other sites More sharing options...
Lt Kije Posted March 5, 2013 Report Share Posted March 5, 2013 This might help http://www.diffen.com/difference/Civil_Law_vs_Criminal_Law Quote Link to comment Share on other sites More sharing options...
Bazj Posted March 5, 2013 Report Share Posted March 5, 2013 Is there something you want to share - it may help you if you unburden yourself Supposing I had been on Top of the pops back in the 70's or 80's.... I could quite easily come forward now and claim that Jimmy touched me up and claim a share.... who could contest it? as I said, if he were alive; I'm pretty sure there would be a lot fewer people suing him than are currently looking to sue his estate. Quote Link to comment Share on other sites More sharing options...
Davy51 Posted March 6, 2013 Report Share Posted March 6, 2013 I am surprised the Home Office are not using this idea to improve police clear up rates. Heaven knows we could soon finish up with no unsolved crimes ! 1 Quote Link to comment Share on other sites More sharing options...
observer Posted March 6, 2013 Author Report Share Posted March 6, 2013 But it appears now, that they wouldn't stand a ghost of a chance of getting legal aid!!!! Quote Link to comment Share on other sites More sharing options...
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