I am pretty sure the Judges know more than we do considering they see and hear everything first handUnfortunately 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
Snip
www.news38.de
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.
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.
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.
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
“His lawyer Fülscher, funded by legal aid,”
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.
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.
www.antenne.de
“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.
blog.ipleaders.in
“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.
“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.
