German prisoner identified as suspect

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jjbd
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Re: CB LOSES RAPE APPEAL

Post by jjbd » Fri Nov 20, 2020 11:44 am

sal wrote:
Fri Nov 20, 2020 11:31 am
Federal Court of Justice
Message from the press office
No. 143/2020

Judgment of the Regional Court of Braunschweig for the serious rape of a 72-year-old woman in Portugal is final
Decision of November 4, 2020 - 6 StR 41/20

The Braunschweig Regional Court sentenced the accused to a total imprisonment of seven years for serious rape, among other things.

According to the findings of the regional court, the defendant - a German national - attacked a 72-year-old American woman in September 2005 at her house in the Portuguese holiday resort of Praia de Luz. He threatened the woman with a scimitar, handcuffed her and raped her. Then he forced his victim to hand over money.

The 6th Criminal Senate of the Federal Court of Justice had submitted the legal question to the European Court of Justice as to whether the principle of mutual legal assistance as defined in European law opposed the specialty of conviction. The Court of Justice denied this with a judgment of September 24, 2020. Since the appellate review of the judgment of the Regional Court of Braunschweig - apart from a clarification of the sentence formula - did not reveal any legal error to the detriment of the accused, the Senate rejected his appeal as unfounded in accordance with the motion of the Attorney General. The aforementioned judgment is therefore final.

Lower court:

District Court Braunschweig - judgment of December 16, 2019 - 1 KLs 71/19

Karlsruhe, November 20, 2020

Press office of the Federal Court of Justice
76125 Karlsruhe
Telephone (0721) 159-5013 Fax
(0721) 159-5501


https://juris.bundesgerichtshof.de/cgi- ... pm&Blank=1
That's good. Thanks for the update Sal :s_thumbsup

sal
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Re: German prisoner identified as suspect

Post by sal » Fri Nov 20, 2020 11:46 am

welcome jj :s_thumbsup
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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Whiterose
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Re: CB LOSES RAPE APPEAL

Post by Whiterose » Fri Nov 20, 2020 1:28 pm

sal wrote:
Fri Nov 20, 2020 11:31 am
Federal Court of Justice
Message from the press office
No. 143/2020

Judgment of the Regional Court of Braunschweig for the serious rape of a 72-year-old woman in Portugal is final
Decision of November 4, 2020 - 6 StR 41/20

The Braunschweig Regional Court sentenced the accused to a total imprisonment of seven years for serious rape, among other things.

According to the findings of the regional court, the defendant - a German national - attacked a 72-year-old American woman in September 2005 at her house in the Portuguese holiday resort of Praia de Luz. He threatened the woman with a scimitar, handcuffed her and raped her. Then he forced his victim to hand over money.

The 6th Criminal Senate of the Federal Court of Justice had submitted the legal question to the European Court of Justice as to whether the principle of mutual legal assistance as defined in European law opposed the specialty of conviction. The Court of Justice denied this with a judgment of September 24, 2020. Since the appellate review of the judgment of the Regional Court of Braunschweig - apart from a clarification of the sentence formula - did not reveal any legal error to the detriment of the accused, the Senate rejected his appeal as unfounded in accordance with the motion of the Attorney General. The aforementioned judgment is therefore final.

Lower court:

District Court Braunschweig - judgment of December 16, 2019 - 1 KLs 71/19

Karlsruhe, November 20, 2020

Press office of the Federal Court of Justice
76125 Karlsruhe
Telephone (0721) 159-5013 Fax
(0721) 159-5501


https://juris.bundesgerichtshof.de/cgi- ... pm&Blank=1
Thanks sal. That's great news !!!
"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

sal
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Re: German prisoner identified as suspect

Post by sal » Fri Nov 20, 2020 2:40 pm

German prosecutor Hans Christian Wolters, who is leading the McCann investigation, said the one year and seven months Brueckner has already spent in jail will count towards the seven-year jail term.

"Therefore, he should be in custody until spring 2026," he told the PA news agency.

"We are pleased that the judgment is upheld because it shows that the Brunswick judiciary has worked objectively and carefully."

mirror
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

sal
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Re: German prisoner identified as suspect

Post by sal » Fri Nov 20, 2020 5:02 pm

"We are pleased that the judgment is valid," said Hans Christian Wolters from the Braunschweig public prosecutor's office in a first reaction on Friday. "This is proof that the Brunswick judiciary has worked objectively and carefully." A small downer for the authorities is that the BGH decision was passed on November 4th. With this knowledge, the escalated hearing in Braunschweig at the beginning of the week would probably not have been necessary. When putting on ankle cuffs, the 43-year-old suffered rib injuries. He was treated in the hospital.

The man had based his appeal against the rape judgment mainly on the argument that the German authorities were not authorized to prosecute. In his opinion, the Portuguese authorities, who had transferred him to Germany in the past on the basis of a European arrest warrant on the basis of a European arrest warrant, had no approval for this.
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Fri Nov 20, 2020 6:12 pm

Whiterose wrote:
Fri Nov 20, 2020 11:17 am
sal wrote:
Thu Nov 19, 2020 4:07 pm
https://www.zeit.de/gesellschaft/zeitge ... mittlungen

The suspect in the Maddie McCann case breaks two ribs in a detention cell. Christian B.'s defenders doubt that he just "fell unhappily".
From Daniel Müller
November 17, 2020, 4:53 p.m.121 comments
The case of Maddie McCann: What happened in a detention cell of the Braunschweig regional court between the clerk of the law and the suspect Christian B. must now be investigated by the police.
The police now have to investigate what happened in a detention cell at the Braunschweig Regional Court between the judicial clerk and the suspect Christian B. © Julian Stratenschulte / dpa; Geisser / imago images
When Christian B. was driven from the prison in Kiel to the Braunschweig regional court on Monday morning , it was initially a completely normal prisoner transport. A convicted drug trafficker is brought to an appointment with the Penal Enforcement Chamber. The so-called two-thirds test should be about the question of whether Christian B. has a positive social prognosis and whether he could be fired early because he has a job prospect. So far, so common.

In this case you just have to know one thing: Christian B. is not just any prisoner. He is the man whom the Braunschweig public prosecutor suspects of kidnapping and killing the then three-year-old Madeleine McCann , known as Maddie, in the Portuguese resort of Praia da Luz in May 2007 . Christian B. has moved to the center of a global investigation. At the moment he is probably the most prominent prisoner in Germany. And this prisoner suddenly had to be hospitalized last Monday with two broken ribs. His lawyer has filed criminal charges against several judicial officers at the police station in Braunschweig.

What happened in room 11?
What happened? It is certain that the transport of prisoners arrived at the regional court around 11 a.m. For the remaining 90 minutes before the hearing, B. was to be placed in a detention cell. There are two versions of what happened in this detention cell: One tells the press office of the regional court. Accordingly, there was "an incident" that is not explained in more detail. "When putting on the ankle cuffs," it says in a press release, "the affected person is said to have injured the ribs." Since the exact circumstances and the manner of the intended restraint "as well as the subsequent course of events are the subject of further investigations", the district court will not comment on the details. It can hardly be expressed more vaguely.

The second version is more detailed. According to information from ZEIT ONLINE, the following is said to have happened: When Christian B's defense lawyer Friedrich Fülscher arrives at the regional court at around 11:45 a.m., an ambulance is driving to the court. Fülscher went to room 11 identified in his cargo, which turned out to be the police station with the surveillance cameras. "When I got in there, I saw a young judicial officer filming the screen on the wall with her smartphone," remembers Fülscher. Then he recognized on this very screen that it was his client who was being looked after by rescue workers. When he said his name, another judicial officer hissed at the filming colleague: "Ssssss! Lawyer",


"I then immediately requested the deletion of the video," says Fülscher to ZEIT ONLINE. He was then replied that it was none of his business. A little later, however, Fülscher managed to call in a judge, in whose presence the said young officer deleted two videos from her cell phone. Why she filmed the supply (for the media?) Is not clear.

Yogurt on the camera lens
And Christian B.? According to the officials, he rioted in his cell, smeared the video camera with yogurt and clogged the toilet with a roll of toilet paper. When they wanted to put ankle cuffs on him, he resisted and "fell unhappy". So it was reported to him by the officials, says Fülscher to ZEIT ONLINE. "The officers enjoyed themselves. That is a circumstance which, in my opinion, allows conclusions to be drawn about what had actually happened, but which in any case was extremely unprofessional and inappropriate."


According to the prisoner Christian B. himself, the event is said to have happened quite differently. It is correct that he smeared the cell with yogurt and sunk the roll of toilet paper in the toilet. This was only a reaction to the improper behavior of the judicial guards. Accordingly, they would have provoked him on his arrival with sentences like: "Nice that you are back!" or "We have a very special room for you today, suite number 2!" When he asked if he was allowed to smoke, they grumbled at him: "We decide here who smokes and who doesn't."

After his yogurt protest, officials finally came into his cell and put a waist belt on him and locked the handcuffs in it. Then they would have asked him to get on his knees in front of them to put on the shackles. When he refused, they "got him off his feet". During this treatment, he crashed his side on the wooden bed and suffered the two broken ribs, which were confirmed by a doctor in the hospital. "The chances of a person being tied up to injure themselves in the presence of officers are limited," says Christian B's second criminal defense attorney, Johann Schwenn. And adds: "Unfortunately, an attack by the officials in the manner described by the client would not be an isolated case. The presumption of innocence is sometimes difficult for the police and the judiciary - especially when it comes to an alleged s-e-x murderer. Then the inhibitions fall. "


The Braunschweig Police Department has to determine what exactly happened. Christian B's hearing was held two hours late yesterday. He cannot count on an early discharge. He is now back in Schleswig-Holstein. Since he had contact with several people, he is now in quarantine in the Lübeck JVA - in a high-security cell.
Oh dear, he doesn't like it when he's not in charge does he? According to his lawyer 'he's a very friendly man'. The officer shouldn't have been filming him though I must admit.
Don't so much. You and I are filmed everyday we walk down the high street and we are both law-abiding (CCTV). Why should not Brueckner be filmed?

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Whiterose
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Re: German prisoner identified as suspect

Post by Whiterose » Sat Nov 21, 2020 10:46 am

honestbroker1 wrote:
Fri Nov 20, 2020 6:12 pm
Whiterose wrote:
Fri Nov 20, 2020 11:17 am
sal wrote:
Thu Nov 19, 2020 4:07 pm
https://www.zeit.de/gesellschaft/zeitge ... mittlungen

The suspect in the Maddie McCann case breaks two ribs in a detention cell. Christian B.'s defenders doubt that he just "fell unhappily".
From Daniel Müller
November 17, 2020, 4:53 p.m.121 comments
The case of Maddie McCann: What happened in a detention cell of the Braunschweig regional court between the clerk of the law and the suspect Christian B. must now be investigated by the police.
The police now have to investigate what happened in a detention cell at the Braunschweig Regional Court between the judicial clerk and the suspect Christian B. © Julian Stratenschulte / dpa; Geisser / imago images
When Christian B. was driven from the prison in Kiel to the Braunschweig regional court on Monday morning , it was initially a completely normal prisoner transport. A convicted drug trafficker is brought to an appointment with the Penal Enforcement Chamber. The so-called two-thirds test should be about the question of whether Christian B. has a positive social prognosis and whether he could be fired early because he has a job prospect. So far, so common.

In this case you just have to know one thing: Christian B. is not just any prisoner. He is the man whom the Braunschweig public prosecutor suspects of kidnapping and killing the then three-year-old Madeleine McCann , known as Maddie, in the Portuguese resort of Praia da Luz in May 2007 . Christian B. has moved to the center of a global investigation. At the moment he is probably the most prominent prisoner in Germany. And this prisoner suddenly had to be hospitalized last Monday with two broken ribs. His lawyer has filed criminal charges against several judicial officers at the police station in Braunschweig.

What happened in room 11?
What happened? It is certain that the transport of prisoners arrived at the regional court around 11 a.m. For the remaining 90 minutes before the hearing, B. was to be placed in a detention cell. There are two versions of what happened in this detention cell: One tells the press office of the regional court. Accordingly, there was "an incident" that is not explained in more detail. "When putting on the ankle cuffs," it says in a press release, "the affected person is said to have injured the ribs." Since the exact circumstances and the manner of the intended restraint "as well as the subsequent course of events are the subject of further investigations", the district court will not comment on the details. It can hardly be expressed more vaguely.

The second version is more detailed. According to information from ZEIT ONLINE, the following is said to have happened: When Christian B's defense lawyer Friedrich Fülscher arrives at the regional court at around 11:45 a.m., an ambulance is driving to the court. Fülscher went to room 11 identified in his cargo, which turned out to be the police station with the surveillance cameras. "When I got in there, I saw a young judicial officer filming the screen on the wall with her smartphone," remembers Fülscher. Then he recognized on this very screen that it was his client who was being looked after by rescue workers. When he said his name, another judicial officer hissed at the filming colleague: "Ssssss! Lawyer",


"I then immediately requested the deletion of the video," says Fülscher to ZEIT ONLINE. He was then replied that it was none of his business. A little later, however, Fülscher managed to call in a judge, in whose presence the said young officer deleted two videos from her cell phone. Why she filmed the supply (for the media?) Is not clear.

Yogurt on the camera lens
And Christian B.? According to the officials, he rioted in his cell, smeared the video camera with yogurt and clogged the toilet with a roll of toilet paper. When they wanted to put ankle cuffs on him, he resisted and "fell unhappy". So it was reported to him by the officials, says Fülscher to ZEIT ONLINE. "The officers enjoyed themselves. That is a circumstance which, in my opinion, allows conclusions to be drawn about what had actually happened, but which in any case was extremely unprofessional and inappropriate."


According to the prisoner Christian B. himself, the event is said to have happened quite differently. It is correct that he smeared the cell with yogurt and sunk the roll of toilet paper in the toilet. This was only a reaction to the improper behavior of the judicial guards. Accordingly, they would have provoked him on his arrival with sentences like: "Nice that you are back!" or "We have a very special room for you today, suite number 2!" When he asked if he was allowed to smoke, they grumbled at him: "We decide here who smokes and who doesn't."

After his yogurt protest, officials finally came into his cell and put a waist belt on him and locked the handcuffs in it. Then they would have asked him to get on his knees in front of them to put on the shackles. When he refused, they "got him off his feet". During this treatment, he crashed his side on the wooden bed and suffered the two broken ribs, which were confirmed by a doctor in the hospital. "The chances of a person being tied up to injure themselves in the presence of officers are limited," says Christian B's second criminal defense attorney, Johann Schwenn. And adds: "Unfortunately, an attack by the officials in the manner described by the client would not be an isolated case. The presumption of innocence is sometimes difficult for the police and the judiciary - especially when it comes to an alleged s-e-x murderer. Then the inhibitions fall. "


The Braunschweig Police Department has to determine what exactly happened. Christian B's hearing was held two hours late yesterday. He cannot count on an early discharge. He is now back in Schleswig-Holstein. Since he had contact with several people, he is now in quarantine in the Lübeck JVA - in a high-security cell.
Oh dear, he doesn't like it when he's not in charge does he? According to his lawyer 'he's a very friendly man'. The officer shouldn't have been filming him though I must admit.
Don't so much. You and I are filmed everyday we walk down the high street and we are both law-abiding (CCTV). Why should not Brueckner be filmed?

The Officer was filming him on her mobile HB. As the article said she maybe wanted it for the press.
"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

sal
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Re: German prisoner identified as suspect

Post by sal » Tue Nov 24, 2020 6:37 pm

Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

jjbd
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Re: German prisoner identified as suspect

Post by jjbd » Tue Nov 24, 2020 11:20 pm

From what I understand the officer was filming the CCTV Monitor only (and was told to delete it).

The recording of what happened will be still on the CCTV system.

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catkins
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Re: German prisoner identified as suspect

Post by catkins » Wed Nov 25, 2020 3:44 pm

Do they have CCTV in cells?.....

Does anyone else get the impression that his Lawyer might be liking the notoriety...or is it just me?
Madeleine McCann- Abducted May 2007 from Praia Da Luz, Algarve, Portugal.
DCI Redwood of Scotland Yard - stated that Madeleine could still be found - alive.
https://www.facebook.com/Official.Find. ... ign?_rdr=p

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Sun Nov 29, 2020 6:23 pm

https://www.thesun.co.uk/news/uknews/13 ... ty-prison/
MADELEINE McCann suspect Christian B is moving to a maximum security prison ahead of questioning in the New Year.

The convicted p.a.e.dophile and rapist 43, is currently serving a 21-month drugs sentence and is in isolation for his own safety.

Christian B, pictured, will be moved to a maximum security prison
5
Christian B, pictured, will be moved to a maximum security prisonCredit: Bild
The convicted criminal is the main suspect in the disappearance of Madeleine McCann
5
The convicted criminal is the main suspect in the disappearance of Madeleine McCannCredit: AFP
In January, that term will end and he will be moved from Kiel maximum security prison to one 200 miles south in Lower Saxony at either Celle or Wolfenbuttel.

Both are Category A maximum security.

Christian B has already spent time in Wolfenbuttel when he was on remand ahead of his trial last year for raping a 72-year-old woman in Praia da Luz in 2005 - just two years before Madeleine vanished.

MAXIMUM SECURITY
Judges at Germany's Federal court confirmed the sentence earlier this month and while on remand investigators used an informant to spy on him to gain evidence for their investigation into Madeleine's disappearance.

The move will make it easier for prosecutors based at Braunsweig to question him in connection with the Madeleine case, and two other s-e-x crimes they are trying to pin on him.

Christian B was identified as the prime suspect in the Madeleine disappearance last June by German investigators.

They said they had ''concrete evidence'' she was dead and that he was responsible, although no charges have been brought yet.

'CONCRETE EVIDENCE'
A source close to the case said: ''(Christian B) hasn't been questioned yet in connection with the Madeleine inquiry as the evidence is still being gathered and checked but the idea is to wait until he is closer to where the team are based.

''A 640km round trip (400 miles) every week would waste a lot of time and resources and now we know he will be in prison until 2026 we know where he is and we can get to him easier.

''The feeling is though he won't say anything even when we do see him but at least it will make it easier.''

sal
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Re: German prisoner identified as suspect

Post by sal » Mon Nov 30, 2020 10:14 pm

Madeleine McCann prosecutors admit they are wary of charging their prime suspect
EXCLUSIVE: Chief prosecutor Hans Christian Wolters said that if they file charges and the suspect is acquitted, then the case will be closed forever because of German laws



https://www.mirror.co.uk/news/world-new ... y-23094434
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

jjbd
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Re: German prisoner identified as suspect

Post by jjbd » Mon Nov 30, 2020 11:03 pm

sal wrote:
Mon Nov 30, 2020 10:14 pm
Madeleine McCann prosecutors admit they are wary of charging their prime suspect
EXCLUSIVE: Chief prosecutor Hans Christian Wolters said that if they file charges and the suspect is acquitted, then the case will be closed forever because of German laws



https://www.mirror.co.uk/news/world-new ... y-23094434
Thanks for the update Sal.

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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Tue Dec 01, 2020 11:25 am

English laws (were) much the same, until comparatively recently, when we ditched the 'double jeopardy' law.

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