US law attorney
Is Prince Andrew now threatened with jail? An expert explains
Prince Andrew threatens a millions of damages in the millions.
© imago / AAP
Prince Andrew is being civilly indicted by Virginia Giuffre for abuse in the United States. The American, who was 17 years old at the time of the crime, is demanding compensation from the Queen’s son in an unknown amount. star spoke to the lawyer Dr. Jürgen Rodegra on the case.
The sling for Prince Andrew is getting more and more. The case, which is causing a sensation worldwide, damaged the reputation of the entire British royal family. Dr. Jürgen Rodegra, lawyer In Berlin with approval in the US state of New York, clarifies what can be sent to the member of the Royal family after American criminal law.
Dr. Rodegra, can you explain to us why Prince Andrew should be made civil law the process?
I have already taken the media that the criminal allegations, at least under the law of the US state, would have already been statute-barred. However, this does not apply to any claims for damages. These are in a civil process to be asserted. These claims for damages are therefore the subject of the present lawsuit.
How likely is it that Prince Andrew will personally appear in court?
With regard to the clarification of the facts and the taking of evidence, US civil procedural law differs fundamentally from German law. In the USA, the facts are first clarified in a procedure prior to legal proceedings in which the court is not involved, the so-called “pre-trial discovery”. This procedure is the sole responsibility of the lawyers involved. In this procedure, the parties must answer extensive questions on the facts under oath. Prince Andrew could also be personally invited to this end.
Can Prince Andrew be forced to appear to the process?
He cannot be forced to participate. Failure to show up would at most lead to procedural disadvantages for him, which, however, can be serious. However, the survey could also be done in writing or outside the US, for example in the UK. After the “pre-trial discovery” has been completed, the actual court hearing takes place. Prince Andrew could be personally invited to this by the court.
What happens if the prince does not appear despite being invited?
Although Prince Andrew can not be forced to appear in the trial, ie being demonstrated, but a no-show would be considered as a “disregard of the court”, which is punishable in the US. He would also have to fear serious procedural disadvantages.
Enjoy a prince immunity or can the process by Great Britain to be relocated?
Prince Andrew does not enjoy immunity as he does not hold a government position. A displacement of the “pre-trial discovery” to the UK is theoretically possible, but not a shift of the actual trial.
Can he still reach an out-of-court settlement with the plaintiff with appropriate compensation
An out-of-court settlement, a so-called “settlement” with plaintiff Virginia Giuffre, is possible at any time and is very widespread in the USA, especially in very complex legal disputes that threaten to end up being convicted in the millions.
Is there another way to avoid the abuse process?
According to US Civil Process Law, there are numerous objections available to the defendant’s lawyers to attack the admissibility or compulsory action. One speaks of these objections of “motions”. As it seems, however, the lawyers of Prince Andrew have already largely eliminated these “motions”. If it does not come to a “settlement”, the lawsuit will probably take place.
What’s the worst that Prince Andrew could face if convicted?
Since the present litigation is not a criminal proceedings, but a civil process and thus probably a jury process, the process may end up in a conviction over several million US dollars. For this reason, there is a lot of taste that it is still tried to achieve an extrajudicial agreement with the applicant side.
Can Prince Andrew enter the USA at a conviction?
Since this is not a criminal proceedings here, there is no responsibility for an entry into the US in principle.
Can Prince Andrew be extradited to the US?
An extradition of Prince Andrew from Great Britain to the USA is excluded. However, this does not apply to other countries. For example, Prince Andrew will travel to Switzerland, for example, is at least not ruled out that there is a delivery from there. However, this would require the adoption of an international arrest warrant in the context of criminal proceedings or at least one delivery request. However, a criminal proceedings is at least not pending.