Bitclub Newsletter No. 106

Dear Clients,

Criminal proceedings for cybercrime typically take longer than usual criminal procedures because the evidentiary actions are far more complex. The American criminal procedure has the following rules. To fulfill them, the prosecutor has the significant task of proving guilt, while defense attorneys have the role of defending the accused. In this process, a lot of time is spent ensuring all legal procedures are followed.

The American criminal procedure has several key elements that are crucial for its implementation. These elements are largely based on constitutional rights and procedural rules that ensure a fair process. The main elements are:

Right to Due Process:
Fourteenth Amendment: Ensures that no one can be deprived of life, liberty, or property without due process of law.
Fifth Amendment: Provides protection against self-incrimination and double jeopardy.
Right to Counsel:
Sixth Amendment: Guarantees the right of the accused to have an attorney, even if they cannot afford one (in such cases, the court appoints a defender).
Right to a Speedy and Public Trial:

The accused has the right to a trial within a reasonable time to avoid unnecessary prolonged detention and uncertainty.

Right to a Jury Trial:
Sixth Amendment: Allows the accused to have a trial before an impartial jury.
The jury is composed of citizens who decide on the guilt or innocence of the accused.
Right to Confront Witnesses:
The accused has the right to cross-examine witnesses testifying against them.
Right to be Informed of the Nature and Cause of the Accusation:

The accused must be informed of the specific charges against them to prepare an adequate defense.

Right to be Present at Trial:
The accused has the right to be present at their trial, ensuring transparency of the proceedings.
Prohibition of Cruel and Unusual Punishments:
Eighth Amendment: Prohibits excessive penalties and ensures that punishments fit the crime.
Protection Against Unreasonable Searches and Seizures:
Fourth Amendment: Requires searches and seizures to be conducted only with probable cause and often with a warrant.
Prohibition Against Self-Incrimination:
Fifth Amendment: The accused has the right not to testify against themselves.
Prohibition of Double Jeopardy:
Fifth Amendment: Ensures that a person cannot be tried twice for the same crime.
These elements are crucial for ensuring the fairness and legality of the criminal procedure in the United States.

Over the past week, there have been no events of interest to report in the Bitclub case.

New dates for each of the defendants are now:

• Joby Weeks – 19th September, 2024
• Joe Abel – 18th September, 2024
• Silviu Balaci – 24th September 2024

Zoran Miljakovic
Attorney at Law