Will the prime suspect be released from prison soon?
My attempt to explain german law
Next Thursday, the appeal of the suspect Christian B. will be heard before the European Court of Justice. This will decide whether the suspect is likely to be released soon.
I have noticed in the English press that there is often confusion about the current legal situation regarding Christian B.
I would therefore like to briefly explain the situation to you:
(now there is a lot to read, sorry - the context is very complex)
1) Christian B. is currently serving a sentence (1 year 9 months) in prison for
drug trafficking (convicted in 2011). Two thirds of this sentence was served in June 2020, so that he can apply for early release under German law. (He did so, then withdrew it and immediately afterwards resubmitted it last week. I can explain details on request).
2) In December 2019, he was convicted to seven years' imprisonment for
raping the then 72-year-old American woman in Praia da Luz in 2005 - on the basis of his place of residence and his registration address in 2019, the court in Braunschweig had jurisdiction.
His lawyers appealed against this sentence - for a somewhat complicated reason. In order to explain this, I have to go back:
a) The 2011
drug trafficking court judgment was suspended on parole.
b) In June 2017, Christian B. was arrested in Portugal with a European arrest warrant and extradited to Germany. The reason for this was the execution of a
sentence for sexual abuse of a child in Braunschweig. He served the sentence.
c) As a result of this sentence, the parole - i.e. the suspension of imprisonment - from the 2011
drug sentence was cancelled - he was to serve the 21 months accordingly.
d) He escaped this new imprisonment by fleeing to Italy - where he was arrested again in September 2018 and transferred to Germany. This was followed by his re-arrest, for which he has been serving his sentence ever since (1).
During this imprisonment the
rape trial and conviction took place last December (2).
Reasons for appeal:
Christian B's lawyers are of the opinion that Germany should not have brought him to court at all, because the original extradition in 2017 from Portugal was exclusively related to the execution of the
sentence for child abuse (b).
The basis of this legal position is the so-called European 'Speciality Principle'. According to this, "a person transferred by a Member State on the basis of an European arrest warrant may not be prosecuted or sentenced or subjected to any measure involving deprivation of liberty for an offence other than that for which the accused was made prior”.
In fact, this is a legally serious reason and an extremely difficult matter. In April 2020, the Federal Court of Justice (the highest judicial instance in Germany) responsible for such cases dealt with the appeal. Its Federal Prosecutor General then referred the question for a preliminary ruling to the European Court of Justice based in Luxembourg, the supreme court of the European Union.
And there, on Thursday, 6 August from 9.30 a.m. CEST, it is now to be heard and decided whether Germany was allowed to bring the accused to trial and sentence him at all.
Here in Germany, of course, many people are eagerly awaiting the outcome, especially because it is not clear to a layman (as me) why a German citizen should not be sentenced by a court of law in this country.
As soon as I know the outcome of the trial in Luxembourg, I will report to you here in the forum. And I hope with this paper I have given you a little argumentation help when you discuss it with friends afterwards.
Greetings from the North Sea coast
Paula
(Excuse my poor English)
The decision of the Federal Court, 21. April 2020 (in German)
http://curia.europa.eu/juris/showPd...e&mode=lst&dir=&occ=first&part=1&cid=12079248