Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #4

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Who did the prosecution appeal to and if the prosecution appeals a not guilty verdict which chamber decides that
 
Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.
 
Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.
Discarded by who....which chamber
 
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Discarded by who....which chamber
What was reported was "the competent representatives rejected the Braunschweig public prosecutor's recusal request against the three professional judges of the chamber as unfounded.

I expect the German Courts know what they are about when deciding who would deal with the appeal.
 
What was reported was "the competent representatives rejected the Braunschweig public prosecutor's recusal request against the three professional judges of the chamber as unfounded.

I expect the German Courts know what they are about when deciding who would deal with the appeal.
I'm sure they do
 
Obviously a higher court than the one conducting the trial.
What grounds would they have for appealing a not guilty verdict ? They've already had their bias ploy discarded.
A very fair question has been asked.

Like everything else there will be a process to be followed.
  • the judges dismissed the arrest warrant naming CB in five serious sexual crimes
Snip
This is despite the German expat being caught exposing himself to a group of children in Portugal in 2017.

This afternoon a press release was issued by the court announcing that the warrant had been quashed.

The document says that ‘the Chamber cancels the arrest warrant.’

It adds: “In proceedings 2 KLs 213 Js 52790/18 (15/22) in connection with five acts against sexual self-determination, the Chamber revoked the arrest warrant at the request of the Defence because the Chamber denies an urgent suspicion of all charges.”

Your reference to Prosecution objection as a "ploy" is a wee bit extraordinary given that this is part of the process.
Starting with the out of hand dismissal of evidence given by witnesses to the crimes who remember the sexual abuse very clearly indeed having been unwilling participants.

The defence and the judges queried the identification of the witness HB's description of her rape and the assailant's "piercing" blue eyes. An expert witness testified in support of her veracity.

There are numerous testimonies from witnesses to both sexual abuse charges.

Just as the German justice system is obliged to consider an accused person's right to a fair trial and the consideration of innocence, the balance has to be struck for the rights of victims of crime to have their evidence properly evaluated and listened to by the Courts.
This is particularly so with regard to sexual crimes; few of which can have been better catalogued than the rape of HB and the sexual exposure cases involving minors.

The next part of the process is the right of the prosecution to object to the defence driven objective of nullifying the value of the witness statements and thus the trial.
I repeat, "extraordinary" in the extreme - and certainly giving any thinking person cause to question exactly what has transpired with due process here. Not only is the prosecution entitled raise objection but it is absolutely essential to do so.
My opinion
 
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It's not sunk in as it.



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.
 

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