Why Roman Polanski Will Face Months in Goal in Switzerland
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Roman Polanski has chosen the worst possible country for his imprisonment. The Swiss legal system is not open to bribery, and seemingly there are no paedophiles in the Swiss government, unlike to France and Poland. Unless he agrees to an immediate deportation to the US, he will face months in a Swiss prison.
Roman Polanski’s lawyers have demanded an immediate release of their client on grounds that the charges against him on an issue of lapse of time. This claim only shows that the lawyers have not done their homework or are trying to push up a public opinion pressure by making false claims. They might have a nasty surprise as to public opinion, as it was the Swiss people who instigated and passed a law by public vote to crack down on paedophiles.
The only fast way to get out of a Swiss prison for Polanski is his agreeing to his deportation, which then could take place within days. Otherwise, the case will be handled under the Swiss-American treaty on extradition of criminals. The treaty states quite clearly that the law of the country demanding extradition is applicable. In the United States, paedophile crimes are exempt from any statute of limitation, a fact that should be known to the lawyers of Polanski as well.
Under the extradition treaty, the US have 40 days to submit the necessary paperwork to the Swiss authorities to demand the extradition, with the possibility to extend that limit by 20 days on special request. Upon receiving these papers, the Swiss Minister for Justice will decide about the case. This decision may be contested before the Swiss Federal Court for Criminal Law in Bellinzona. This decision again may be contested in the Swiss High Court in Lausanne, but only if the High Court admits the case as of superior interest.
If ‘superior interest’ sounds a bit vague, then that is intentional. It is intended to allow the High Court to pick up just about any case it thinks is interesting; interesting in the case of Polanski will mean interesting to the general public worldwide; interesting in any other case could range from questions about legal proceedings leading to the extradition request up to change of political regime meanwhile and general questions of human rights.
All these proceedings will take several months at least. As a general rule, criminals under extradition restraint are not released on bail. Exceptions are made very rarely, they will be made for people who can prove a waterproof alibi for the time of the alleged crime, or who can prove that they were acting under diplomatic of governmental immunity. Both options are not applicable in this case.
A release on bail in the case of a known criminal fugitive is highly unlikely as well, and the sum that would be set for Polanski would be so high as to financially cripple him for the rest of his life should he choose to be above the law once again. In the unlikely case that a bail situation will be considered, Polanski will probably remain more or less under house arrest in his property in Gstaad.
His other chances to come out early are the initiatives by the French and Polish governments trying to persuade to bend their laws to their wishes. I for one would think that such a bending of laws is about the last message that should go out to paedophiles worldwide.
4 Comments
His case is interesting.
You know, I have mixed emotions about this case. The day this happened, the girls mother allowed her 13 year old child to be photographed by Polanski privately. Her mother allowed that.
I’m not saying the girl asked for it, I’m saying the mother should have been present.
I think the only reason he testified and said he was guilty is because he didn’t have a choice.
Excellent piece Lucas.
Whether the girl’s mother was present or not, whether she gave permission for her daughter to be photographed or not, Polanski knew that it was wrong to molest a child. The rest of the details don’t matter. Polanski broke the law, he knew it was wrong when he did it, and so he has no argument. He belongs in jail. It is just that simple.
Lauren,
Never excusable and never condoned.
An adult must accept that responsibility unconditionally.
Polanski was found guilty and fled rather than accept punishment for his crime. Whether 3 days or 3 decades later, he must face jail time for what he did.