Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #2

[RichardKimble]

this new article says there will be a press release soon

Christian Brueckner's 'rape victim' will be under police protection

EXCLUSIVE: One of the victims that Brueckner is accused of raping is Hazel Behan, who was viciously attacked by 'a German man with piercing blue eyes' during a four-hour ordeal in Portugal.

www.dailymail.co.uk

The author makes it sound dramatic, HaB waved her anonymity then needs protection to attend court, who from ? her alleged attacker is in jail.

 

[SuperdadV8]

this new article says there will be a press release soon

Christian Brueckner's 'rape victim' will be under police protection

EXCLUSIVE: One of the victims that Brueckner is accused of raping is Hazel Behan, who was viciously attacked by 'a German man with piercing blue eyes' during a four-hour ordeal in Portugal.

www.dailymail.co.uk

If it turns out as true i must admit, that don't really understand some of the statements at all.

"Witness protection" in germany usually has to follow a few rules. Just for example:

Wie sieht der Zeugenschutz in Deutschland aus?

www.anwalt.de

"Witnesses in criminal proceedings are often afraid to testify because they fear becoming victims of violence themselves or because they believe they pose such a danger to family members. This fear is not entirely unjustified, especially when it comes to organized crime. Statistics prove this.

As a witness, you are obliged to appear before the judge and, in principle, to make a statement. Exceptions to this apply, e.g. for close family members and those subject to professional secrecy. Which also includes criminal defense lawyers.

In order to ensure witness protection, there are some witness protection measures during criminal proceedings and outside of criminal proceedings. The measures are not limited to specific crimes; rather, each individual case must be considered (proportionate and appropriate) taking into account the principles of the rule of law.

I. Witness protection measures/programs

The law to harmonize the protection of witnesses at risk (Witness Protection Harmonization Act - ZSHG) regulates witness protection in Germany. A person, without whose information in a criminal case the investigation of the facts or the determination of the whereabouts of the accused would be hopeless or significantly more difficult, can, with their consent, be protected in accordance with the aforementioned law if, due to their willingness to testify, they pose a risk to life or limb , health, freedom or essential assets and is suitable for witness protection measures.

Unfortunately, there is no legal right to a witness protection program; this can be seen from the word "can". However, a discretionary decision must be made. The same applies to individual measures.

Witness protection measures can be ended if the prerequisites for this were not met or are subsequently no longer applicable. The end of criminal proceedings does not automatically lead to the end of witness protection measures.

The best-known witness protection measure is the cover identity.

II. Witness protection within criminal proceedings

In addition to the witness protection already mentioned, there is witness protection for ongoing criminal proceedings regulated in the StPO and GVG.

Regulations regarding the removal of the accused from the meeting room when questioning a witness are contained in Section 247 of the Code of Criminal Procedure.

According to Sections 223 and 251 of the Code of Criminal Procedure, the court can, under certain conditions, examine whether the witness's appearance at the main hearing or his statement is reasonable.

Finally, the public can be excluded from the main hearing under certain conditions (§§ 171b f. GVG).

According to Section 68 (2) of the Code of Criminal Procedure, the witness should, under certain conditions, be permitted to state their place of business or place of work or another address that can be summoned instead of their address. In judicial hearings in the presence of the accused and in the main hearing, the witness should be permitted not to state his place of residence or whereabouts if the requirements of Section 68 (2) StPO are met when stating this. According to Section 68 Paragraph 3 of the Code of Criminal Procedure, the criminal judge can even be permitted not to provide any information about the place of residence during the main hearing.

Witness interviews with the police, the public prosecutor's office or the judge can be recorded under certain conditions in accordance with Section 58a of the Code of Criminal Procedure.

III. Leniency regulations

A key witness is a person who has himself committed crimes and discloses information about crimes to the state and who, for this reason, is granted concessions by the state with a view to his own punishment or prosecution. In general, the leniency program is regulated in Section 46b StGB; Sections 153e StPO, Sections 129 Paragraph 7, 129a Paragraph 7, 261 StGB and Section 31 BtMG also contain leniency regulations."

I don't want to trivialize anything (!!!), but the HB rape case is just what it is, a "simple" rape case. Why does she need to be protected as a witness in a trial against a perp, that is already behind bars?

I do believe, that the upcoming trial is meant to pave the way to the MM-trial, but if we are talking about police protected witnesses in the rape and abuse cases already, what may be behind the curtain inside the MM-case?

 

[Anxala]

Feb the 16th according to the Mail

Madeleine McCann suspect's rape trial court date FINALLY revealed

The German prosecutor has confirmed it will be a Friday morning start for the multiple sex crimes trial of the German paedophile.

www.dailymail.co.uk

Good, if the case. The sooner it's all done and dusted, the sooner the focus can shift back to where it needs to be.

But, just to say, the Mail is incorrect on the charges pending. You'd think they could at least have gotten that right since it's both official and has been well documented:

The victims were a young teenage girl and an elderly woman in her late 50s or 60s, both of whom were tied to a post in the living room.

As a reminder, the charges are:

• The assault and rape of HaB;
• The assault and rape of an unknown young girl at CB's farmhouse;
• The assault and rape of an unknown woman in her 70s-80s in her holiday apartment;
• Two indecent exposure charges involving children.

There is no charge relating to the alleged woman in her (originally reported) 40s allegedly seen on video by CB's criminal associates, allegedly also in CB's farmhouse. It didn't make the charge cut.

 

[RichardKimble]

Good, if the case. The sooner it's all done and dusted, the sooner the focus can shift back to where it needs to be.

But, just to say, the Mail is incorrect on the charges pending. You'd think they could at least have gotten that right since it's both official and has been well documented:



As a reminder, the charges are:

• The assault and rape of HaB;
• The assault and rape of an unknown young girl at CB's farmhouse;
• The assault and rape of an unknown woman in her 70s-80s in her holiday apartment;
• Two indecent exposure charges involving children.

There is no charge relating to the alleged woman in her (originally reported) 40s allegedly seen on video by CB's criminal associates, allegedly also in CB's farmhouse. It didn't make the charge cut.

The author or one of them is JC.

 

[Tekno]

On the court records now.

Verdächtiger im Fall Madeleine McCann: Prozess gegen Christian B. wegen anderer Sexualstraftaten soll im Februar beginnen

Der Verdächtige im Fall Madeleine McCann steht voraussichtlich im kommenden Jahr wegen anderer Vorwürfe vor Gericht. Christian B. muss sich dann wegen Vergewaltigung und Kindesmissbrauchs verantworten.

www.spiegel.de

 

[Tekno]

With thanks to UU:

“sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) Here: notification of the main hearing dates

It should be noted that during the main hearing the court will have to clarify whether the allegations are true or not. Any person charged with a crime is presumed innocent until proven guilty by law.

The main hearing in the case 2 KLs 213 Js 52790/18 (15/22) begins on:

Friday, February 16, 2024, at 9:00 a.m

in room 141 of the Braunschweig Regional Court

Münzstraße 17, 38100 Braunschweig

Further continuation dates have been scheduled for:

Friday, February 23, 2024, 9:00 a.m

Friday, March 1st, 2024, 9:00 a.m

Thursday, March 14, 2024, 11:00 a.m

Wednesday, April 3rd, 2024, 9:00 a.m

Friday, April 5, 2024, 9:00 a.m

Wednesday, April 10, 2024, 9:00 a.m

Friday, April 12, 2024, 9:00 a.m

Wednesday, April 17, 2024, 9:00 a.m

Friday, April 19, 2024, 9:00 a.m

Wednesday, April 24, 2024, 9:00 a.m

Friday, April 26, 2024, 9:00 a.m

Thursday, May 2nd, 2024, 9:00 a.m

Friday, May 3rd, 2024, 9:00 a.m

Wednesday, May 8, 2024, 9:00 a.m

Wednesday, May 15, 2024, 9:00 a.m

Thursday, May 16, 2024, 9:00 a.m

Friday, May 17, 2024, 9:00 a.m

Tuesday, May 21, 2024, 9:00 a.m

Wednesday, May 22, 2024, 9:00 a.m

Thursday, May 23, 2024, 9:00 a.m

Tuesday, May 28, 2024, 9:00 a.m

Wednesday, May 29, 2024, 9:00 a.m

Tuesday, June 4th, 2024, 9:00 a.m

Wednesday, June 5, 2024, 9:00 a.m

Thursday, June 6, 2024, 9:00 a.m

Tuesday, June 25, 2024, 9:00 a.m

Wednesday, June 26, 2024, 9:00 a.m

Thursday, June 27, 2024, 9:00 a.m

expected: each room 141

Please note that the list of dates is not binding. Any changes can be found on the notice board in the court and will also be announced by the press office via a press release.

Contact:

Judge at the regional court

Lisa Rust

Press spokesperson

Braunschweig Regional Court

Münzstrasse 17

38100 Braunschweig

Tel.: (0531) 488-2284 or 0175/5047289

Fax: (0531) 488-2665

Email: [email protected]

Judge at the regional court

Benedict Eicke

Press spokesman

Braunschweig Regional Court

Münzstrasse 17

38100 Braunschweig

 

[RichardKimble]

Presseinformationen | Oberlandesgericht Braunschweig

Verfahren vor der 2. Strafkammer im Zusammenhang mit fünf Taten gegen die sexuelle Selbstbestimmung - Aktenzeichen 2 KLs 213 Js 52790/18 (15/22) Hier: Mitteilung der Hauptverhandlungstermine | Landgericht Braunschweig

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Proceedings before the 2nd Criminal Chamber in connection with five acts against sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) Here: notification of the main hearing date.​

It should be noted that during the main hearing the court will have to clarify whether the allegations are true or not. Any person charged with a crime is presumed innocent until proven guilty by law.

The main hearing in the case 2 KLs 213 Js 52790/18 (15/22) begins on:
Friday, February 16, 2024, at 9:00 a.m
in room 141 of the Braunschweig Regional Court
Münzstraße 17, 38100 Braunschweig

Further continuation dates have been scheduled for:
Friday, February 23, 2024, 9:00 a.m
Friday, March 1st, 2024, 9:00 a.m
Thursday, March 14, 2024, 11:00 a.m
Wednesday, April 3rd, 2024, 9:00 a.m
Friday, April 5, 2024, 9:00 a.m
Wednesday, April 10, 2024, 9:00 a.m
Friday, April 12, 2024, 9:00 a.m
Wednesday, April 17, 2024, 9:00 a.m
Friday, April 19, 2024, 9:00 a.m
Wednesday, April 24, 2024, 9:00 a.m
Friday, April 26, 2024, 9:00 a.m
Thursday, May 2nd, 2024, 9:00 a.m
Friday, May 3rd, 2024, 9:00 a.m
Wednesday, May 8, 2024, 9:00 a.m
Wednesday, May 15, 2024, 9:00 a.m
Thursday, May 16, 2024, 9:00 a.m
Friday, May 17, 2024, 9:00 a.m
Tuesday, May 21, 2024, 9:00 a.m
Wednesday, May 22, 2024, 9:00 a.m
Thursday, May 23, 2024, 9:00 a.m
Tuesday, May 28, 2024, 9:00 a.m
Wednesday, May 29, 2024, 9:00 a.m
Tuesday, June 4th, 2024, 9:00 a.m
Wednesday, June 5, 2024, 9:00 a.m
Thursday, June 6, 2024, 9:00 a.m
Tuesday, June 25, 2024, 9:00 a.m
Wednesday, June 26, 2024, 9:00 a.m
Thursday, June 27, 2024, 9:00 a.m
expected: each room 141

Please note that the list of dates is not binding. Any changes can be found on the notice board in the court and will also be announced by the press office via a press release.


Contact:

Judge at the Regional Court Lisa Rust Press Spokesperson Regional Court Braunschweig Münzstraße 17 38100 Braunschweig Tel.: (0531) 488-2284 or 0175/5047289 Fax: (0531) 488-2665 Email: [email protected]

Judge at the Regional Court Benedikt Eicke Press Spokesman Regional Court Braunschweig Münzstraße 17 38100 Braunschweig Tel.: 0531 488-2208 or 0175/4933695 Fax: 0531 488-2665 Email: [email protected]

 

[RichardKimble]

Strange situation.

Under German privacy rules, a spokesperson would not give the name of the suspect, who is charged with three counts of aggravated rape and two counts of sexual abuse of children in Portugal between 12 December 2000 and 11 June 2017.

Madeleine McCann suspect to stand trial on five separate sexual assault charges

Christian Brueckner is currently in jail in Germany for raping a 72-year-old woman

www.independent.co.uk

 

[Anxala]

Gosh, that seems a very long drawn out process! (the trial dates). A week at least between most of the continuation dates?

 

[RichardKimble]

Gosh, that seems a very long drawn out process! (the trial dates). A week at least between most of the continuation dates?

No Mondays either.

 

[Davieson]

Will a transcript of each day's hearing be published following each hearing or only after a verdict has been given ?

 

[RichardKimble]

Will a transcript of each day's hearing be published following each hearing or only after a verdict has been given ?

Not sure, but I'd venture the only accurate bit would be the verdicts.

 

[Anxala]

Will a transcript of each day's hearing be published following each hearing or only after a verdict has been given ?

Obviously I have no clue (but possibly @mrjitty might be able to throw some light here?) but it would certainly be an interesting trial to follow, not least to get an insight into how the German inquisitorial court system operates. I'm only familiar with the adversarial.

 

[frank-cole]

With thanks to UU:

“sexual self-determination - file number 2 KLs 213 Js 52790/18 (15/22) Here: notification of the main hearing dates

It should be noted that during the main hearing the court will have to clarify whether the allegations are true or not. Any person charged with a crime is presumed innocent until proven guilty by law.

The main hearing in the case 2 KLs 213 Js 52790/18 (15/22) begins on:

Friday, February 16, 2024, at 9:00 a.m

in room 141 of the Braunschweig Regional Court

Münzstraße 17, 38100 Braunschweig

Further continuation dates have been scheduled for:

Friday, February 23, 2024, 9:00 a.m

Friday, March 1st, 2024, 9:00 a.m

Thursday, March 14, 2024, 11:00 a.m

Wednesday, April 3rd, 2024, 9:00 a.m

Friday, April 5, 2024, 9:00 a.m

Wednesday, April 10, 2024, 9:00 a.m

Friday, April 12, 2024, 9:00 a.m

Wednesday, April 17, 2024, 9:00 a.m

Friday, April 19, 2024, 9:00 a.m

Wednesday, April 24, 2024, 9:00 a.m

Friday, April 26, 2024, 9:00 a.m

Thursday, May 2nd, 2024, 9:00 a.m

Friday, May 3rd, 2024, 9:00 a.m

Wednesday, May 8, 2024, 9:00 a.m

Wednesday, May 15, 2024, 9:00 a.m

Thursday, May 16, 2024, 9:00 a.m

Friday, May 17, 2024, 9:00 a.m

Tuesday, May 21, 2024, 9:00 a.m

Wednesday, May 22, 2024, 9:00 a.m

Thursday, May 23, 2024, 9:00 a.m

Tuesday, May 28, 2024, 9:00 a.m

Wednesday, May 29, 2024, 9:00 a.m

Tuesday, June 4th, 2024, 9:00 a.m

Wednesday, June 5, 2024, 9:00 a.m

Thursday, June 6, 2024, 9:00 a.m

Tuesday, June 25, 2024, 9:00 a.m

Wednesday, June 26, 2024, 9:00 a.m

Thursday, June 27, 2024, 9:00 a.m

expected: each room 141

Please note that the list of dates is not binding. Any changes can be found on the notice board in the court and will also be announced by the press office via a press release.

Contact:

Judge at the regional court

Lisa Rust

Press spokesperson

Braunschweig Regional Court

Münzstrasse 17

38100 Braunschweig

Tel.: (0531) 488-2284 or 0175/5047289

Fax: (0531) 488-2665

Email: [email protected]

Judge at the regional court

Benedict Eicke

Press spokesman

Braunschweig Regional Court

Münzstrasse 17

38100 Braunschweig

That’s a really heavy trial structure! It goes to show the seriousness of these offences & the possible granular level of evidence that’ll be coming back at CB. IMO this could be a life sentence for CB, so I guess it’s understandable that this is going to be a very thorough process.

IMO convictions in these cases & a resulting life tariff, may increase the likelihood of a MM case confession. If they’re successful they may get to a point where they can leverage a better prison for a confession. My opinion

 

[Zuleika]

That’s a really heavy trial structure! It goes to show the seriousness of these offences & the possible granular level of evidence that’ll be coming back at CB. IMO this could be a life sentence for CB, so I guess it’s understandable that this is going to be a very thorough process.

IMO convictions in these cases & a resulting life tariff, may increase the likelihood of a MM case confession. If they’re successful they may get to a point where they can leverage a better prison for a confession. My opinion

A reward so to speak in exchange for a confession ? The kind such a bragger with nothing to lose might make hmm? I won't discount it . A fantasist could actually enjoy becoming notorious I suppose .

 

[RichardKimble]

A reward so to speak in exchange for a confession ? The kind such a bragger with nothing to lose might make hmm? I won't discount it . A fantasist could actually enjoy becoming notorious I suppose

]Indeed in Germany itself there was a case or there is a case where a confession led to a wrongful conviction in at the time a no body case.The case remains unsolved.

In 2001, an intellectually disabled man was caught fondling a seven-year-old boy. When the man's mother interrogated him about it, he admitted to molesting Knobloch. She then attempted to get him to receive inpatient therapy. He said he molested her four days before her disappearance. The man then stated that he approached her to apologize for his earlier actions but then suffocated her after she attempted to run from him. He was involuntarily committed to a psychiatric hospital on 6 September 2001, in response to his confession before inpatient therapy could begin. After numerous police interrogations, he was arrested at the hospital in October 2002. In 2004, the man was convicted of Knobloch's murder and sentenced to life imprisonment despite recanting his confession. In 2014, his conviction was overturned after a retrial determined that his confession was coerced. He had also been repeatedly interrogated without assistance from an attorney.

Murder of Peggy Knobloch - Wikiwand

Peggy Knobloch was a nine-year-old girl from Lichtenberg, Bavaria, who was kidnapped and murdered on 7 May 2001. Her body was located 15 years later in a wooded...

www.wikiwand.com

 

[frank-cole]

A reward so to speak in exchange for a confession ? The kind such a bragger with nothing to lose might make hmm? I won't discount it . A fantasist could actually enjoy becoming notorious I suppose .

Thanks. I think there’s a possibility they could get to that stage. It may be the best way to find MM’s remains.

 

[Denis R Tandib]

That’s a really heavy trial structure! It goes to show the seriousness of these offences & the possible granular level of evidence that’ll be coming back at CB. IMO this could be a life sentence for CB, so I guess it’s understandable that this is going to be a very thorough process.

IMO convictions in these cases & a resulting life tariff, may increase the likelihood of a MM case confession. If they’re successful they may get to a point where they can leverage a better prison for a confession. My opinion

29 days for five crimes. Is that heavy? It doesn’t seem unusual.

I agree that the nature of the German legal system punishes repeated offences severely. If found guilty of any of the rapes, it could mean life. This seems probable with the HaB case.

None of this means us is guilty of anything to with MM. There is no openly available evidence that supports his guilt in relation to MM. I’m leaving innocence as a possibility, in which case, there will be no confession or closure to the case.

 

[mrjitty]

Obviously I have no clue (but possibly @mrjitty might be able to throw some light here?) but it would certainly be an interesting trial to follow, not least to get an insight into how the German inquisitorial court system operates. I'm only familiar with the adversarial.

I have no idea. I imagine we'll be dependent on how much local reporting there is. Maybe Olive Press will fly in.

 

[frank-cole]

29 days for five crimes. Is that heavy? It doesn’t seem unusual.

I agree that the nature of the German legal system punishes repeated offences severely. If found guilty of any of the rapes, it could mean life. This seems probable with the HaB case.

None of this means us is guilty of anything to with MM. There is no openly available evidence that supports his guilt in relation to MM. I’m leaving innocence as a possibility, in which case, there will be no confession or closure to the case.

Agree ref the cases & timescales. Innocence wise - there’s factually innocent & legally innocent. I think taking into account the context, open source information & large resource involvement- that he isn’t be factually innocent. My opinion