Actually that statement does not apply to judges who have acted before expert testimony was given in two cases which totally verified the witness statement the judges chose to disregard.
Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #4
- Thread starter MadMcGoo
- Start date
Welcome to Websleuths!
Click to learn how to make a missing person's thread
Click to learn how to make a missing person's thread
- Status
frank-cole
Well-Known Member
- Joined
- Oct 6, 2021
- Messages
- 472
- Reaction score
- 1,716
It will be interesting to see how much admissibility of evidence factored into the proceedings. ‘Das buch’ for example, is said to have parallels with the crimes & could be the thread that links them. However, it has not featured in the trial & I’m guessing it’s to do with the usb that FF has been fighting. The sad reality may be that key evidence isn’t heard. I think any observer would want an informed judgement on the basis of all of the evidence. If not, there’s the potential for a serial sexual offender to walk amongst us again. His criminal history clearly shows that he’s a man that doesn’t stop.Unfortunately it would appear that bird has already flown unless the judges have got a point of law entirely wrong when they decided that the evidence was not up to scratch.
Their decision covers all five indictments. Just a tad presumptive prior to all the evidence being heard, but there it is.
Snip
No longer an urgent suspicion of a crime
CB.'s defence had previously applied for the arrest warrant to be lifted because, in their view, the arrest warrant could no longer be valid after the course of the evidence so far.
In fact, the criminal chamber followed this request at the beginning of the month because it saw no urgent suspicion of all the accusations.
Prosecutors speak of "serious concern"
The public prosecutor's office justified the necessary replacement from its point of view with the fear that the current criminal chamber had already formed its opinion on the question of crime and guilt, although the taking of evidence had not been completed.
The prosecution spoke of a "serious concern" that the chamber had already committed itself to an "acquittal of evidence" and that the pending evidence could no longer have any significance for the judges' assessment.
With this view, the public prosecutor's office obviously did not convince the deputy judges in Braunschweig.
This decision was to be expected because it corresponds to the established case law of the Federal Court of Justice, said defence attorney FF.
The decision has been noted, there is nothing more to say, the public prosecutor's office said.
Prozess gegen Christian B. - Ablehnung der Richter scheitert
Nach der Aufhebung des Haftbefehls gegen den auch im Fall Maddie Verdächtigen wollten die Strafverfolger die Richter schnell austauschen. Die zuständige Vertretungskammer sieht das aber anders.www.antenne.de
frank-cole
Well-Known Member
- Joined
- Oct 6, 2021
- Messages
- 472
- Reaction score
- 1,716
Well said. A case of this magnitude rarely lands on a local courts’ schedule. They won’t be too versed in dealing with 4 big name defence lawyers coming their way. I have a very bad feeling about how these 4 are being funded. They’ve buried them with motion after motion. Seems akin to how high profile defence lawyers use every trick in the book to worm mob bosses & hit men out of murder convictions.Snip
Cancellation of the arrest warrant requested
As expected, the court and the public prosecutor's office do not comment on the current status of the proceedings.
The defense, on the other hand, does:
"In our opinion, a problem that runs through all cases is that the BKA has investigated totally one-sidedly," said lawyer FF to the dpa news agency.
Obvious investigations, for example to clarify the credibility of witnesses, had been omitted, he complained. "Possibly exculpatory things were not taken into account accordingly."
In order to demand an interim status from the criminal chamber, the defense has applied for the arrest warrant to be lifted. "The further advanced a taking of evidence is, the stricter the requirements are to be placed on the assumption of the urgent suspicion of a crime," said FF.
According to the course of the taking of evidence so far, the arrest warrant could no longer be valid.
Braunschweig: Maddie darf kein Thema sein – sie ist es aber doch
Wird der fall Maddie McCann doch noch zum Thema in Braunschweig? Die Welt jedenfalls wartet.www.news38.de
Actually I think the judges have allowed themselves to be harried into a corner by constant defence demands and thus rendered themselves incapable of performing their function as the process dictates they should.
Decidedly odd to agitate for cancellation of the arrest warrant from the beginning and at the interim period of the trial.
They've obviously decided that what was initially timetabled to be a relatively speedy trial is going to continue well into next year when CB's time is up on his rape conviction. Until which time having the arrest warrant withdrawn is meaningless because he will remain under arrest anyway.
The conundrum is that the judiciary have jumped the gun by arriving at far reaching conclusions long, long before all relevant information and witnesses have been heard.
My opinion
Denis R Tandib
Well-Known Member
- Joined
- Jul 9, 2020
- Messages
- 1,930
- Reaction score
- 3,611
“His lawyer Fülscher, funded by legal aid,”
It has been reported several times in various publications.
Denis R Tandib
Well-Known Member
- Joined
- Jul 9, 2020
- Messages
- 1,930
- Reaction score
- 3,611
Unlike the British legal system, the German system is not built on case law, it operates under specific rules - it leaves less space for argument. If the evidence against CB meets the rules in such a way that allows a conviction, he will be convicted - there is no grey area. If not, he will have served his time and walk free. It doesn’t matter what any of us think, that’s how justice works in Germany.
Denis R Tandib
Well-Known Member
- Joined
- Jul 9, 2020
- Messages
- 1,930
- Reaction score
- 3,611
Which makes the public statements unconscionable.
Oddly Wolters argued strongly against it being held elsewhere, so presumably he was content for it to be heard in that court.
This decision was to be expected because it corresponds to the established case law of the Federal Court of Justice, said defence attorney FF.
As already posted #956 of this thread
Prozess gegen Christian B. - Ablehnung der Richter scheitert
Nach der Aufhebung des Haftbefehls gegen den auch im Fall Maddie Verdächtigen wollten die Strafverfolger die Richter schnell austauschen. Die zuständige Vertretungskammer sieht das aber anders.
www.antenne.de
How often does that happen when opinion is stated as fact. It seems German law is more fluid than is thought ... unless Herr F has got it wrong.
Denis R Tandib
Well-Known Member
- Joined
- Jul 9, 2020
- Messages
- 1,930
- Reaction score
- 3,611
“German law's strong attachment to the idea of codification is intended to prevent the clashes between different areas of law which might result from a piecemeal approach. In addition, codification is also characterised by the development of an abstract (that is, not case-specific) set of rules which allows the legal system to flexibly respond to social developments while at the same time avoiding piecemeal legislation.”This decision was to be expected because it corresponds to the established case law of the Federal Court of Justice, said defence attorney FF.
As already posted #956 of this thread
Prozess gegen Christian B. - Ablehnung der Richter scheitert
Nach der Aufhebung des Haftbefehls gegen den auch im Fall Maddie Verdächtigen wollten die Strafverfolger die Richter schnell austauschen. Die zuständige Vertretungskammer sieht das aber anders.
How often does that happen when opinion is stated as fact. It seems German law is more fluid than is thought ... unless Herr F has got it wrong.
The Core Legal Concepts and Principles Defining Criminal Law in Germany (Chapter 3) - The Limits of Criminal Law
The Limits of Criminal Law - October 2020
“The Book of General Provisions of the Criminal Code (§§ 1 – 79b) includes principles significant for the complete area of penal law. It defines the different ways of committing a crime, i.e. completion and attempt, committing a crime and participation (the latter subdivided into instigation and aiding), acting on purpose and negligence, acting and omitting. It also defines self-defence and help in case of emergency and shows the basic consequences of crimes. The Book of General Provisions also regulates the conditions of the application for legal proceedings against somebody and contains the rules about the time limitation period of crimes. German criminal law distinguishes between misdemeanor and crime. Every illegal action with a threat of punishment of at least one year of imprisonment is qualified as a crime.”
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrecht
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrecht
www.internetratgeber-recht.de
“Approach of the legal process
The two legal systems, common law and civil law are the result of fundamentally different approaches to the legal process. The basic concepts and norms of civil law are written in codes and legislation which are applied by the courts. As a result, codes and legislation predominate with case law serving as a secondary source of law. On the other hand, in the common law system, the law has been primarily formed through court decisions with little regard for a conceptual structure.”
A comparison between civil law countries and common law countries - iPleaders
In this article, the author has compared civil law countries with common law countries.
blog.ipleaders.in
Germany practices Civil Law based on a written constitution where laws are codified. This is different to Common Law practiced in the UK where the law is based on prior judgements.
Therefore, it’s not my opinion but a fact that German law is based on rules.
“German law's strong attachment to the idea of codification is intended to prevent the clashes between different areas of law which might result from a piecemeal approach. In addition, codification is also characterised by the development of an abstract (that is, not case-specific) set of rules which allows the legal system to flexibly respond to social developments while at the same time avoiding piecemeal legislation.”
The Core Legal Concepts and Principles Defining Criminal Law in Germany (Chapter 3) - The Limits of Criminal Law
The Limits of Criminal Law - October 2020www.cambridge.org
“The Book of General Provisions of the Criminal Code (§§ 1 – 79b) includes principles significant for the complete area of penal law. It defines the different ways of committing a crime, i.e. completion and attempt, committing a crime and participation (the latter subdivided into instigation and aiding), acting on purpose and negligence, acting and omitting. It also defines self-defence and help in case of emergency and shows the basic consequences of crimes. The Book of General Provisions also regulates the conditions of the application for legal proceedings against somebody and contains the rules about the time limitation period of crimes. German criminal law distinguishes between misdemeanor and crime. Every illegal action with a threat of punishment of at least one year of imprisonment is qualified as a crime.”
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrecht
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrechtwww.internetratgeber-recht.de
“Approach of the legal process
The two legal systems, common law and civil law are the result of fundamentally different approaches to the legal process. The basic concepts and norms of civil law are written in codes and legislation which are applied by the courts. As a result, codes and legislation predominate with case law serving as a secondary source of law. On the other hand, in the common law system, the law has been primarily formed through court decisions with little regard for a conceptual structure.”
A comparison between civil law countries and common law countries - iPleaders
In this article, the author has compared civil law countries with common law countries.
Germany practices Civil Law based on a written constitution where laws are codified. This is different to Common Law practiced in the UK where the law is based on prior judgements.
Therefore, it’s not my opinion but a fact that German law is based on rules.
Thank you Dennis.
Herr F does seem to go with "the established case law of the Federal Court of Justice" which seems to be at variance with your referral stating "that "Unlike the British legal system, the German system is not built on case law,"
- the established case law of the Federal Court of Justice"
- the German system is not built on case law,
Do you have an opinion which is which?
“German law's strong attachment to the idea of codification is intended to prevent the clashes between different areas of law which might result from a piecemeal approach. In addition, codification is also characterised by the development of an abstract (that is, not case-specific) set of rules which allows the legal system to flexibly respond to social developments while at the same time avoiding piecemeal legislation.”
The Core Legal Concepts and Principles Defining Criminal Law in Germany (Chapter 3) - The Limits of Criminal Law
The Limits of Criminal Law - October 2020
“The Book of General Provisions of the Criminal Code (§§ 1 – 79b) includes principles significant for the complete area of penal law. It defines the different ways of committing a crime, i.e. completion and attempt, committing a crime and participation (the latter subdivided into instigation and aiding), acting on purpose and negligence, acting and omitting. It also defines self-defence and help in case of emergency and shows the basic consequences of crimes. The Book of General Provisions also regulates the conditions of the application for legal proceedings against somebody and contains the rules about the time limitation period of crimes. German criminal law distinguishes between misdemeanor and crime. Every illegal action with a threat of punishment of at least one year of imprisonment is qualified as a crime.”
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrecht
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrechtwww.internetratgeber-recht.de
“Approach of the legal process
The two legal systems, common law and civil law are the result of fundamentally different approaches to the legal process. The basic concepts and norms of civil law are written in codes and legislation which are applied by the courts. As a result, codes and legislation predominate with case law serving as a secondary source of law. On the other hand, in the common law system, the law has been primarily formed through court decisions with little regard for a conceptual structure.”
A comparison between civil law countries and common law countries - iPleaders
In this article, the author has compared civil law countries with common law countries.
Germany practices Civil Law based on a written constitution where laws are codified. This is different to Common Law practiced in the UK where the law is based on prior judgements.
Therefore, it’s not my opinion but a fact that German law is based on rules.
There are huge issues with German Law which with respect cannot be understood with a cursory glance in search of a quote.
The British system is complex enough but my thinking that the German system was one where polite discussion and reasoning to determine truth was the order of the day has been knocked for six by the reality of the situation.
It just isn't like that.
For example
# 62
Snip
... the presiding judge, is responsible for deciding what evidence will be presented at the trial.
The prosecution as well as the defense may propose additional pieces of evidence, but the court decides on the relevance and admissibility of the proposed evidence (§ 244 secs. 3–6 CCP).
The court is in any event free to introduce evidence that neither party has proposed.
Which possibly gives food for thought regarding the significance of the withdrawal of the arrest warrant and some evidence which was proposed but disallowed.
It really is a highly complex process which is very difficult for we Brits to fully comprehend.
My opinion
CB was arrested in a children's playground..his trousers down..masturbating
He was arrested by a off duty PJ Officer
His claim he was taking a pee seems to have accepted by the court....no wonder HCW is guarded at getting a conviction in the MM cas
He was arrested by a off duty PJ Officer
His claim he was taking a pee seems to have accepted by the court....no wonder HCW is guarded at getting a conviction in the MM cas
He was guarded if they had enough to indict in the MM case before this trial ever started.
Everything has a time and a place and the present batch of indictments should rightly have followed on from CB's failed appeal against aggravated rape.
Logically the two rapes detailed by the witnesses who described them using the same source from which they described DM's rape which was perpetrated by CB should have led the queue.
Think about it.
- the BKA were given the information about the videoed rapes in 2017
- the search then began to find and check out similar events as those described
- DM's rape as described was found in Portuguese files
- evidence from these backed up by DM's testimony led to CB being indicted
- CB was found guilty following due process in 2019
Nearly seven years ago next year!
Why did it take nearly seven years to get the present trial off the ground when DM saw her justice being done and dusted in a fraction of that time.
Simple explanation is that first time round in this cycle of sexual crime CB was just a dangerous sexual predator and rapist where the imperative was to have him tried and if found guilty, removed from the streets (or in this case other peoples' bedrooms or amongst children in play areas).
This time CB has celebrity status and the imperative appears to be keeping CB out of jail and getting him back on the streets despite the fact he is described as a serial offender who prosecutors have been attempting to get into a courtroom since 2022. A disgrace that was prevented from happening for so long.
Snip
A German man who is a prime suspect in the disappearance of MM, has been charged with a series of sex crimes allegedly committed in Portugal between 2000 and 2017, including the rape of Irish woman HB.
Maddie Suspect Charged With Rape Of Irish Woman
The suspect, identified by media as Christian Brueckner, is currently serving a seven-year jail term for a rape committed in Portugal in 2005.
evoke.ie
There is a school of thought that it all begins and ends with MM. Sheer and utter nonsense. As far as we know it all began with the teenage CB's inappropriate behaviour towards a minor in a playground in his home town from where he fled to Portugal to escape the consequences. It ended for the time being with CB's inappropriate behaviour towards minors in a playground in Messines, Portugal.
That's a huge gap between those incidents and the five charges CB faces at present are indicative of how he might have been spending some of it.
My opinion
Last edited:
Thank you Niner. Unlike you I'm always a bit vague about exact dates, I've been going by various comment made regarding expectation of release in spring 2025.
I did not mark it but I read a footnote somewhere that specifically said within the sentence handed down for the outrage he committed on DM was the sentence he received when found guilty of the drug offences for which he was extradited from Portugal. I disregarded it because I didn't think the maths worked in.
Now I cannot find it and while looking for it again have noted that indeed there is little specific detail about the drug trial which got caught up in CB's appeal against his aggravated rape conviction. One wonders if he was serving time for the drug conviction while on trial for the rape or where exactly did his time for that go?
Snip
The German newspaper Braunschweiger Zeitung reported he is serving seven years for the rape of a 72-year-old American woman in Portugal in 2005 after being convicted in the city of Braunschweig in December. Der Spiegel reported he was extradited from Portugal in 2017 and initially convicted of drug trafficking.
According to reports, CB has appealed to the European Court of Justice over his conviction.
Who is Christian Brueckner? What we know about German Madeleine McCann suspect
The man, named by Portuguese police sources as Christian Brueckner, spent 12 years living on the Algarve
inews.co.uk
Snip
June 2017: He heads back to Portugal and extradited again to Germany. The reason was a sentencing of the Braunschweig district court to 15 months' imprisonment for the sexual abuse of a child.
August 2018: After his release from prison he lives on the streets. But he was jailed again for drug offences.
September 2018: CB is arrested in Milan, Italy and extradited to Germany and put on trial for raping the American tourist in 2005 after a DNA match to hair found at the crime scene.
July 2019: He is jailed for 21 months for drug dealing in the northern German resort of Sylt.
August 2019: CB is charged with the rape of the American tourist in Praia da Luz in 2005.
December 2019: He is convicted of rape of extortion of the tourist based on DNA evidence. He is given a seven year sentence, but this has not been imposed pending an appeal.
Who is Christian Brueckner? Madeleine Mccann suspect and sex offender
German sex offender Christian Brueckner was named as the prime suspect in Madeleine McCann's disappearance last year. MailOnline looks at why he is a suspect in the notorious case.
“German law's strong attachment to the idea of codification is intended to prevent the clashes between different areas of law which might result from a piecemeal approach. In addition, codification is also characterised by the development of an abstract (that is, not case-specific) set of rules which allows the legal system to flexibly respond to social developments while at the same time avoiding piecemeal legislation.”
The Core Legal Concepts and Principles Defining Criminal Law in Germany (Chapter 3) - The Limits of Criminal Law
The Limits of Criminal Law - October 2020
“The Book of General Provisions of the Criminal Code (§§ 1 – 79b) includes principles significant for the complete area of penal law. It defines the different ways of committing a crime, i.e. completion and attempt, committing a crime and participation (the latter subdivided into instigation and aiding), acting on purpose and negligence, acting and omitting. It also defines self-defence and help in case of emergency and shows the basic consequences of crimes. The Book of General Provisions also regulates the conditions of the application for legal proceedings against somebody and contains the rules about the time limitation period of crimes. German criminal law distinguishes between misdemeanor and crime. Every illegal action with a threat of punishment of at least one year of imprisonment is qualified as a crime.”
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrecht
Recht, Arbeitsrecht, Erbrecht, Familienrecht, Mietrecht, Reiserecht, Verkehrsrechtwww.internetratgeber-recht.de
“Approach of the legal process
The two legal systems, common law and civil law are the result of fundamentally different approaches to the legal process. The basic concepts and norms of civil law are written in codes and legislation which are applied by the courts. As a result, codes and legislation predominate with case law serving as a secondary source of law. On the other hand, in the common law system, the law has been primarily formed through court decisions with little regard for a conceptual structure.”
A comparison between civil law countries and common law countries - iPleaders
In this article, the author has compared civil law countries with common law countries.
Germany practices Civil Law based on a written constitution where laws are codified. This is different to Common Law practiced in the UK where the law is based on prior judgements.
Therefore, it’s not my opinion but a fact that German law is based on rules.
While what you posted is completely correct in terms of Codified systems vs Common law systems, as far as this case goes the process/result is likely to be much the same as a judge alone trial in the UK (i.e.one without a jury).
This is a case which will turn on an assessment of the evidence. It's not going to end up with the wrong result merely because of the different nature of german criminal trials.
For instance, if this case were held in the UK, there is also a very good chance the search warrant evidence would be tossed out. In the UK, the profiler probably would not have been allowed to even testify IMO.
Perhaps drug dealing was considered the greater risk to society
To which search warrant do you refer?
I can't think of any one of the five indictments where a search warrant was part of the process.
What am I missing?
- Status