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

[mrjitty]

“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

www.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, 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.

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.

 

[Davieson]

That’s shocking only getting 15 months for the sa of a child , whereas drug dealing 21 months.

Perhaps drug dealing was considered the greater risk to society

 

[Mex]

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.

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?

 

[Denis R Tandib]

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.

Yeah, my only point is that crimes in Germany have written rules that inform the decisions of judges. If the evidence proves a crime has been committed against the corresponding rules for that specific crime, the judge must find the accused guilty.

I didn’t intend for it to be anything other than a passing comment until It was mocked as opinion by another poster.

 

[mrjitty]

Yeah, my only point is that crimes in Germany have written rules that inform the decisions of judges. If the evidence proves a crime has been committed against the corresponding rules for that specific crime, the judge must find the accused guilty.

I didn’t intend for it to be anything other than a passing comment until It was mocked as opinion by another poster.

Completely agree - just noting that in practice its unlikely to make any odds.

For instance in the UK there are statutory rules about admissibility of evidence and warrants, and a huge amount of common law (i.e authoritative case law0. So a judge is likely to refer to decided cases in interpreting the present facts to see where the line should be drawn.

In germany it is more codified and case law is only secondary law. But in the end the rules are much the same.

IMO the main difference is Germany is far more bureaucratic than countries like the UK or US. But the case will come down to the evidence at the end of the day.

 

[frank-cole]

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?

It’s unfortunate if evidence is disregarded for whatever reason - because it stops the full truth from being judged & it is detrimental to the victims. It seems that, although very unfortunate, the defence have been very successful in that regard. To me it’s akin to a mob boss/big time drug dealer getting a not guilty because the likes of FF & co found a way to have evidence tossed out. The argument cannot be made for a factually innocent CB. However he may well end up legally innocent. Kaylee Anthony type alarm bells going - people often talk of innocent people being wrongly convicted, unfortunately if this happens, it’ll be the other way around.

 

[Davieson]

It’s unfortunate if evidence is disregarded for whatever reason - because it stops the full truth from being judged & it is detrimental to the victims. It seems that, although very unfortunate, the defence have been very successful in that regard. To me it’s akin to a mob boss/big time drug dealer getting a not guilty because the likes of FF & co found a way to have evidence tossed out. The argument cannot be made for a factually innocent CB. However he may well end up legally innocent. Kaylee Anthony type alarm bells going - people often talk of innocent people being wrongly convicted, unfortunately if this happens, it’ll be the other way around.

"The argument cannot be made for a factually innocent CB."
It doesn't need to be. The law needs to prove guilt.

 

[frank-cole]

"The argument cannot be made for a factually innocent CB."
It doesn't need to be. The law needs to prove guilt.

Thanks & true - not what I was getting at though - I wasn’t too clear. I don’t consider Casey Anthony factually innocent - therefore I don’t agree with people who suggest she is factually innocent because she wasn’t convicted.Same applies to CB.