Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #5

[Hygge]

That’s a quote from another paper:

“Among other things, he was instructed to examine whether, in the case of the conviction of Christian B. for one or more acts, the prerequisites of paragraphs 66 of the Criminal Code were met.”

 

[Hygge]

This is what I found, so all pints are necessary:

“

Security custody: Requirements of § 66 StGB​

The order of custody according to § 66 para. 1 StGB is permissible under the following conditions, all of which must be met:

• Someone is currently sentenced to a prison sentence of at least two years for a crime specified in § 66 (1) StGB.
• The perpetrator has already been sentenced to a prison sentence of at least one year twice in the past for such an act.
• He has already served at least two years in prison because of these old acts or was in the prison deprivation of liberty.

Preventive custody always presupposes that the convicted person has a tendency to commit serious crimes and represents a danger to the general public at the time of his conviction.

Sicherungsverwahrung |§| Definition & Voraussetzungen

» Wie ist die Sicherungsverwahrung in Deutschland geregelt? Mehr zur ✓ Sicherungsverwahrung und ihren Voraussetzungen laut § 66 StGB lesen Sie hier!

www.koerperverletzung.com

 

[RichardKimble]

@Niner , For your notes.

With the report of the expert, the procedure turns onto the home straight. Next Wednesday there will be an appointment for decisions about applications. „From the Chamber's point of view, however, we all had witnesses “, said the judge. If there are no surprises, the taking of evidence is nearing completion. A plea would be possible in the second week of October.

Gutachter: Christian B. in Topliga der Gefährlichkeit

Der Prozess gegen den auch im Fall Maddie Verdächtigen nähert sich dem Ende. Ein psychiatrischer Gutachter kommt zu einer klaren Einschätzung über den Angeklagten - macht aber auch Einschränkungen.

www.merkur.de

 

[RichardKimble]

This is what I found, so all pints are necessary:

“

Security custody: Requirements of § 66 StGB​

The order of custody according to § 66 para. 1 StGB is permissible under the following conditions, all of which must be met:

• Someone is currently sentenced to a prison sentence of at least two years for a crime specified in § 66 (1) StGB.
• The perpetrator has already been sentenced to a prison sentence of at least one year twice in the past for such an act.
• He has already served at least two years in prison because of these old acts or was in the prison deprivation of liberty.

Preventive custody always presupposes that the convicted person has a tendency to commit serious crimes and represents a danger to the general public at the time of his conviction.

Sicherungsverwahrung |§| Definition & Voraussetzungen

» Wie ist die Sicherungsverwahrung in Deutschland geregelt? Mehr zur ✓ Sicherungsverwahrung und ihren Voraussetzungen laut § 66 StGB lesen Sie hier!

www.koerperverletzung.com

So the way I read that, no2 the sentence he's serving now is the first offence of rape so he can't be held in preventative custody if found not guilty of the crimes he on trial for.

 

[C.greek]

So the way I read that, no2 the sentence he's serving now is the first offence of rape so he can't be held in preventative custody if found not guilty of the crimes he on trial for.

Well he was sentenced 2 years for children's abuse when he was a teenager. Would that count?

 

[RichardKimble]

Well he was sentenced 2 years for children's abuse when he was a teenager. Would that count?

Possibly/ probably ? who knows, best wait until the verdicts are in, if not guilty on all charges it won't matter, but if guilty on at least one?

 

[Davieson]

This is what I found, so all pints are necessary:

“

Security custody: Requirements of § 66 StGB​

The order of custody according to § 66 para. 1 StGB is permissible under the following conditions, all of which must be met:

• Someone is currently sentenced to a prison sentence of at least two years for a crime specified in § 66 (1) StGB.
• The perpetrator has already been sentenced to a prison sentence of at least one year twice in the past for such an act.
• He has already served at least two years in prison because of these old acts or was in the prison deprivation of liberty.

Preventive custody always presupposes that the convicted person has a tendency to commit serious crimes and represents a danger to the general public at the time of his conviction.

Sicherungsverwahrung |§| Definition & Voraussetzungen

» Wie ist die Sicherungsverwahrung in Deutschland geregelt? Mehr zur ✓ Sicherungsverwahrung und ihren Voraussetzungen laut § 66 StGB lesen Sie hier!

www.koerperverletzung.com

I notice this ruling is permissible rather than mandatory, so presumably does not need to be applied even if the criteria are met.

 

[frank-cole]

Interesting.
Do you think that is who FF was trying to 'discredit' with this witness - the BKA detective working on behalf of law and order. In this particular instance actively involved in a missing child investigation.

Why would one place any reliance on an unknown quantity of a lawbreaker who will not admit what his offence and or offences are.

Just another defence deflection to draw this case out for as long as possible but one which has gone somewhat awry; particularly as the Romanian criminal has killed whatever point it was that HH intended to make using the video.

The talk often goes along a conspiratorial line if a witness speaks about CB & the MM case. It’ll never be CB, it’ll always be a bad witness, or a detective misconduct or government witch-hunt, etc x500. There’ll forever be that dismissive pattern.

The fact that the BKA hadn’t heard that version before, gives a pretty good indication that the witness wasn’t prompted by some invisible sneaky special agents.

I don’t know whether this witness is more or less credible based on their reluctance & then what they said.

 

[frank-cole]

This is what I found, so all pints are necessary:

“

Security custody: Requirements of § 66 StGB​

The order of custody according to § 66 para. 1 StGB is permissible under the following conditions, all of which must be met:

• Someone is currently sentenced to a prison sentence of at least two years for a crime specified in § 66 (1) StGB.
• The perpetrator has already been sentenced to a prison sentence of at least one year twice in the past for such an act.
• He has already served at least two years in prison because of these old acts or was in the prison deprivation of liberty.

Preventive custody always presupposes that the convicted person has a tendency to commit serious crimes and represents a danger to the general public at the time of his conviction.

Sicherungsverwahrung |§| Definition & Voraussetzungen

» Wie ist die Sicherungsverwahrung in Deutschland geregelt? Mehr zur ✓ Sicherungsverwahrung und ihren Voraussetzungen laut § 66 StGB lesen Sie hier!

www.koerperverletzung.com

They way I read that - any conviction out of the 5 cases would put him in the preventative detention threshold. I think convictions ant the end of this trial are unlikely, however I think winning an appeal or 2 is quite possible. If he does eventually get done for any of these offences - I doubt anybody is going to throw him bone, he’ll be in indefinitely. If preventative detention happens it significantly increases the likelihood of a future confession in the MM case.

My opinion.

 

[Anxala]

@Niner , For your notes.

With the report of the expert, the procedure turns onto the home straight. Next Wednesday there will be an appointment for decisions about applications. „From the Chamber's point of view, however, we all had witnesses “, said the judge. If there are no surprises, the taking of evidence is nearing completion. A plea would be possible in the second week of October.

It can't come soon enough. Whatever the outcome, it has been one of the most tedious and irritating trials I've ever followed, thanks in large part to the ridiculously inept and ill-prepared prosecution.

 

[Mex]

So the way I read that, no2 the sentence he's serving now is the first offence of rape so he can't be held in preventative custody if found not guilty of the crimes he on trial for.

The way I read it, the imprisonment does not have to have been either for sexual offences or the offence of rape.

Section 66
Placement in preventive detention

(1) The court orders preventive detention in addition to a sentence of imprisonment where

1. a person has been sentenced for an intentional offence to imprisonment for a term of at least two years and

a) the offence was directed against life, physical integrity, personal liberty or sexual self-determination,

b) the offence falls under Division 1, 7, 20 or 28 of the Special Part or under the Code of Crimes against International Law (Völkerstrafgesetzbuch) or the Narcotics Act (Betäubungsmittelgesetz) and the maximum possible sentence is imprisonment for a term of at least 10 years or

c) the conditions of section 145a are met insofar as an order was made for the supervision of conduct on the basis of an offence under letter (a) or (b), or if the conditions of section 323a are met insofar as the offence committed in a state of intoxication was one of those referred to in letter (a) or (b),
...
4. an overall evaluation of the offender and the offences committed leads to the conclusion that, on account of the propensity to commit serious crimes, in particular of a type which results in severe emotional trauma or physical injury to the victim, the offender poses a danger to the general public at the time of the conviction.

German Criminal Code (Strafgesetzbuch – StGB)

 

[Mex]

The talk often goes along a conspiratorial line if a witness speaks about CB & the MM case. It’ll never be CB, it’ll always be a bad witness, or a detective misconduct or government witch-hunt, etc x500. There’ll forever be that dismissive pattern.

The fact that the BKA hadn’t heard that version before, gives a pretty good indication that the witness wasn’t prompted by some invisible sneaky special agents.

I don’t know whether this witness is more or less credible based on their reluctance & then what they said.

There can be little doubt that the notoriety of this trial would have been little or next to nothing were it not for the association of CB who is known as the only suspect of the German police, the Portuguese police and the English police in the disappearance of MM.
Witness the equally heinous crime committed against DM as those for which CB presently is being tried and the difference between the conduct of both trials; one of which was carried out expeditiously and the other when the defence team made it their business to confuse the issue with MM obfuscation.

Unfortunately the Braunschweig court allowed itself to fall for the tactic, hence a trial expected to have been concluded some months ago has dragged on into the latest chaos where incredibly a witness for a trial not yet indicted was allowed to be heard. What a mess!
My opinion