Dear Clients,

In light of the postponement of sentencing for several defendants in the Bitclub case, it is worthwhile to examine some of the reasons underlying the judge’s decision to do so. As we have mentioned in the previous newsletter, a new discovery has been made in Matthew Goettsche’s case.

Relevance to Sentencing: If the new discovery provides information relevant to the sentencing phase, such as evidence of mitigating circumstances or factors that could affect the severity of the sentence, the court may delay sentencing to consider this new information.

Impact on Plea Negotiations: New discoveries might prompt further plea negotiations between the prosecution and the defense. If the parties need time to reassess their positions or negotiate a new agreement based on the new evidence, the court may postpone sentencing to allow for this process.

Fairness and Due Process: Postponing sentencing due to new discoveries can ensure that the defendant’s right to a fair trial and due process is upheld. If the new evidence raises questions about the integrity of the trial or the accuracy of the verdict, the court may delay sentencing to address these concerns.

Pre-Sentencing Investigation: If the new discovery necessitates additional investigation into the defendant’s background, circumstances, or the impact of the crime, the court may postpone sentencing until this investigation is complete.

Legal Proceedings: In some circumstances, new discoveries may lead to legal motions or proceedings that need to be resolved before sentencing can proceed. For example, if the defense files a motion for a new trial based on newly discovered evidence, the court may postpone sentencing until it has ruled on the motion.

Ultimately, the decision to postpone sentencing rests with the judge.

This all adheres to standard legal procedure. Throughout the sentencing phase, the court is duty-bound to meticulously scrutinize all facts, weigh the evidence put forth by both the prosecution and defense, and render a verdict based on established facts. It’s evident that international cases adhere to due process and necessitate a considerable amount of time to reach completion. Nonetheless, while justice may progress slowly, it remains achievable.

Zoran Miljakovic

Attorney at Law