I have no idea but what may have looked good on Paper at a guess didnt stand up to scrutiny in the actual court.Does anyone know if the "biased judge" is the same one who approved the prosecution case going to trial in the first place ?
^^In order to prevent the court’s truth-finding process from being predetermined by the prosecutor’s investigation, the court may base its judgement only on what has been said and done at the public trial
*snipped*![]()
The Potential to Secure a Fair Trial Through Evidence Exclusion: A German Perspective
German criminal procedure law places great emphasis upon judgements made pursuant to the “substantive truth.” Therefore, exclusion of evidence tends to be an anomaly as it compels the trial court to disregard certain evidence, which implies that the court...link.springer.com
The German procedural system places great emphasis on the determination of the “substantive truth” as a basis for a just and fair outcome of any criminal case.Footnote2 The criminal process is conceived as a sequence of two independent efforts to find the truth; first by the prosecutor and the police, then by the trial court. As soon as the suspicion of a criminal offense becomes known to him, the prosecutor is obliged to investigate the matter (§ 160 sec. 1 CCP). The police are likewise mandated with investigating criminal offenses and with taking all measures necessary to avoid the loss of evidence (§ 163 sec. 1 CCP). When an indictment has been filed, it is the trial judge who must collect all evidence necessary for establishing the facts relevant for the determination of guilt or innocence (§ 244 sec. 2 CCP). In order to prevent the court’s truth-finding process from being predetermined by the prosecutor’s investigation, the court may base its judgement only on what has been said and done at the public trial (§ 261 CCP, so-called principle of immediacy); moreover, live witness testimony must not be replaced by the introduction of protocols of prior interrogations of the witness or by similar documents at the trial (§ 250 CCP).
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The whole chapter is well worth a read and helps explain procedures in German Law which differ to those we are more familiar with in UK and USA.
^^
From the article posted by misty.
So what are the prosecution's issue? are they predetermining CBs guilt?
Agreed, but arguably the defence defend because they believe their client is innocent, but whats being argued and really makes not an iota is the reasoning behind the prosecution claiming bias against their argument, which will be revealed in the fullness of time.Prosecutors wouldn't bring a case forward if they didn't believe CB guilty - one hopes.
But all the evidence hadn't been heard...the.judge confirmed thatI have no idea but what may have looked good on Paper at a guess didnt stand up to scrutiny in the actual court.
And no doubt still will be. The trial continues even though the arrest warrant has been liftedBut all the evidence hadn't been heard...the.judge confirmed that
But all the evidence hadn't been heard...the.judge confirmed that
SnipProsecutors wouldn't bring a case forward if they didn't believe CB guilty - one hopes.
There is a lot which may have come up in court; but we are in no position to gauge what that may be because there is little being said about it in msm.It's hard to imagine the evidence still to be heard is likely going to have much of an impact on the current state of affairs. Witness evidence for all 5 charges have been heard, the HaB one being the last. If the remaining witness' evidence were critical in any of the five charges, surely it would have already come up in court?
I just feel it's unlikely there are any bombshells waiting in the wings. JMO.
The suspect used emails to sell CSA material. He also deleted emails from 2007. There was no confirmation that any emails were found relating to MM. Usual UK media pushing bs stories.Does anyone have further updates on the news item from a few weeks ago and its impact on the trial?
Does anyone have further updates on the news item from a few weeks ago and its impact on the trial?
Proceedings before the 2nd Criminal Division in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - motion to recuse the three professional judges unfounded
In the proceedings 2 KLs 213 Js 52790/18 (15/22), the responsible representatives rejected the motion to recuse the Braunschweig public prosecutor's office against the three professional judges of the division as unfounded.
If the public prosecutor's office has also filed a further motion to recuse a professional judge, a separate decision will be made on this. The result of the decision will be announced by press release.
Proceedings before the 2nd Criminal Division in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) - motion to recuse the three professional judges unfounded
In the proceedings 2 KLs 213 Js 52790/18 (15/22), the responsible representatives rejected the motion to recuse the Braunschweig public prosecutor's office against the three professional judges of the division as unfounded.
If the public prosecutor's office has also filed a further motion to recuse a professional judge, a separate decision will be made on this. The result of the decision will be announced by press release.