German prisoner identified as suspect

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sal
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Re: German prisoner identified as suspect

Post by sal » Mon Nov 16, 2020 4:53 pm

According to information from the dpa, an incident occurred at the hearing in Braunschweig, after which the 43-year-old was treated in a clinic. When asked, the police confirmed an operation in the regional court, but without giving further details.
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honestbroker1
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Re: German prisoner identified as suspect

Post by honestbroker1 » Mon Nov 16, 2020 6:58 pm

https://www.hln.be/buitenland/duitse-ho ... tice.co%2F

Vigilante 'justice' is not what we want.

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Re: German prisoner identified as suspect

Post by sal » Mon Nov 16, 2020 7:12 pm

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Re: German prisoner identified as suspect

Post by sal » Mon Nov 16, 2020 9:52 pm

C de M
Christian Brueckner's lawyer says there was "aggression", but officials say the German "fell into the cell" while waiting.


The main suspect in Madeleine McCann's kidnapping and death, Christian Brueckner, was going to be present at the Braunschweig Court this Monday as part of his request to go on parole - the German is in jail in Kiel serving a 21-year sentence. months in prison for drug trafficking. However, Brueckner was unable to complete the request and failed the session where he would testify, having two broken ribs.

According to the Mirror , the incident that injured the German had already occurred when he was in the court cell, waiting to be heard. Brueckner, convicted of crimes of rape and pedophilia, was eventually taken by ambulance to the hospital.


PUB
What happened is yet to be explained, as Brueckner traveled from Kiel to Braunschweig (about 300 km) and arrived an hour earlier than expected. About 40 minutes after Brueckner was in the cell, an ambulance was called to take him.

Witnesses say the prison guard who received the emergency services announced: "Someone has been making trouble in here." Brueckner was in the hospital for more than an hour, before being taken back, handcuffed on his hands and feet, to court.

The court refuses to comment on the case and says the incident is already under investigation. Christian Brueckner's defense lawyer, Friedrich Fuelscher, was seen arguing with prison guards at the scene over an alleged video that will show what happened in the cell. According to The Sun, the lawyer guarantees that the suspect in killing Maddie was "assaulted by the agents" and that he will "file a complaint".

The court records, as well as those of the guards, show that Brueckner "fell sideways in the cell".

Bruckner still attended part of the court session, but no decision was made. The German wants to get out of jail earlier because he has already served two-thirds of the prison sentence for drug trafficking to which he was sentenced. If the request is accepted, he can leave the jail on January 6, 2021.
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Re: German prisoner identified as suspect

Post by sal » Tue Nov 17, 2020 10:05 am

DERWESTEN

Braunschweig. What happened on Monday afternoon shortly before the hearing of Christian B. (43) in Braunschweig? The main suspect in the case of Maddie McCann , who disappeared 13 years ago , has been on trial again this week.

In the morning he was brought from the Kiel prison to the Braunschweig regional court. The Maddie McCann case apparently does not play a role in the non-public hearing - but two other offenses by the 43-year-old.

But shortly before the start of the process, according to "Bild", a puzzling incident occurred. Christian B. is said to have been admitted to the emergency room with two broken ribs.

Maddie McCann: suspect Christian B. in Braunschweig in court
An ambulance is said to have arrived at the Braunschweig regional court shortly before noon, and two paramedics rush over. A judicial officer is said to have shouted: “Somebody rioted”. Christian B. is driven to the hospital in an ambulance, and a police patrol accompanies him.

After an hour it is brought back to the court. Two hours later, the hearing in front of the Penal Enforcement Chamber begins. According to “ Bild ” information, neither the Braunschweig Regional Court nor Christian B's lawyer have commented on the incident.

Christian B. is in prison in Kiel
Christian B. is currently serving a prison sentence for drug trafficking in Kiel, which ends on January 7, 2021. In court, the 43-year-old is now hoping for a suspension of the remaining sentence on probation.


But even if the Braunschweig regional court decides to grant the application, that does not automatically mean that Christian B. would suddenly be at large.

According to the court spokeswoman, Christian B.'s next imprisonment would be imminent in this case after the prison sentence in Kiel.

Christian B. is threatened with remand
Because the 43-year-old is said to have raped a 72-year-old woman in Praia da Luz, Portugal, in 2005 - around a year and a half before Maddie McCann's disappearance. The 43-year-old has appealed against the Braunschweig verdict of December 2019 on seven years in prison. A decision by the judges at the Federal Court of Justice is not yet known.

The Regional Court of Braunschweig now expects that Christian B. would end up in pretrial detention for the rape case in the event of a remaining sentence on probation.

According to the court spokeswoman, it is still unclear when there will be a result of the hearing.

________________
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Re: German prisoner identified as suspect

Post by catkins » Tue Nov 17, 2020 1:51 pm

honestbroker1 wrote:
Mon Nov 16, 2020 6:58 pm
https://www.hln.be/buitenland/duitse-ho ... tice.co%2F

Vigilante 'justice' is not what we want.
True HB........but I can imagine those who know his history (Madeleine aside)....and had to deal with him. Then if he’d become mouthy or arrogant ....I could see the temptation to give him a shove to be honest.
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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Re: German prisoner identified as suspect

Post by sal » Tue Nov 17, 2020 3:00 pm

anthro posted
According to SPIEGEL information, the suspect in the Madeleine McCann case is said to have resisted putting on shackles. Apparently, he broke two ribs in a fight with law enforcement officers.

https://www.spiegel.de/panorama/justiz/ ... 0961f82fd1
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Re: German prisoner identified as suspect

Post by sal » Tue Nov 17, 2020 6:46 pm

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catkins
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Re: German prisoner identified as suspect

Post by catkins » Wed Nov 18, 2020 2:11 pm

If cell are monitored by cameras.....What gives him and his Lawyer the right to ask for it to be stopped and deleted? :s_scratchhead
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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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 2:35 pm

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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 3:02 pm

Hanover. In the Maddie case, according to a media report, there is another operation in the Hanover region. The police have been searching a property in the Laatzen district of Gleidingen since Wednesday morning, reports the "Neue Presse" . According to the newspaper, the police action is related to Madeleine McCann, who disappeared in May 2007 as a three-year-old from a holiday apartment in Praia da Luz, Portugal and has been missing since then. According to the report, data carrier detection dogs are also to be used again.
https://www.rnd.de/panorama/fall-maddie ... IRZQY.html
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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 3:35 pm

House search with a large number of police in Hanover - no evidence of criminal offense
With a large contingent, the police searched a house near Hanover for hours.
However, indications of a criminal act are not substantiated.
The whistleblower could get into trouble now.

https://www.rnd.de/panorama/hausdurchsu ... IRZQY.html
However, cops have since told The Sun that the operation was unconnected to the missing Brit girl or prime suspect Christian B
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catkins
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Re: German prisoner identified as suspect

Post by catkins » Wed Nov 18, 2020 4:06 pm

Thanks as always Sal for the links you post. :s_thumbsup
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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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 4:55 pm

according to Bild
Christian B. freaked out because he wasn't allowed to smoke
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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 6:36 pm

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Re: German prisoner identified as suspect

Post by sal » Wed Nov 18, 2020 10:30 pm

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Re: German prisoner identified as suspect

Post by sal » Thu Nov 19, 2020 10:49 am

https://www.thesun.co.uk/news/13239945/ ... -rejected/

GET OUT OF JAIL FAIL Madeleine McCann suspect Christian B has early prison release bid REJECTED as court rules he must stay behind bars
BREAKING
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Re: German prisoner identified as suspect

Post by sal » Thu Nov 19, 2020 10:53 am

Court / Institution: LG Braunschweig
Publication date: 11/19/2020
Decision date: 11/18/2020
File number: 50 StVK 418/20
Source: juris logo
Norms: § 454 StPO, § 3 StPO
Suspect in Maddie case: No suspension of residual custodial sentence

After hearing the suspect in the case of Maddie who had disappeared, the LG Braunschweig rejected the suspension of the remainder of the sentence with regard to the sentencing to a total imprisonment of one year and nine months by the AG Niebüll.

This has the consequence that the criminal detention continues. The district court has thus followed the assessment of the public prosecutor's office, which, in agreement with the prison, had also spoken out against a conditional release.

In the opinion of the regional court, taking into account the security interests of the general public, a suspended sentence cannot be justified. The convict is said to have had multiple criminal records and has failed on probation. In particular, a probation had to be revoked at the end because the convict committed several offenses during the probation period. In the past, the convicted person had committed crimes under the Narcotics Act as well as several acts against the sexual self-determination of children, which is why serious crimes are to be expected in the event of a relapse. Stabilizing factors that could prevent the convicted from committing further crimes were not found.

An immediate appeal (Section 454 (1), (3) sentence 1 of the Code of Criminal Procedure) can be lodged against the decision. The OLG Braunschweig is responsible for the decision on the immediate complaint.

Source: Press release of the LG Braunschweig v. 11/19/2020
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Re: German prisoner identified as suspect

Post by honestbroker1 » Thu Nov 19, 2020 11:08 am

sal wrote:
Thu Nov 19, 2020 10:53 am
Court / Institution: LG Braunschweig
Publication date: 11/19/2020
Decision date: 11/18/2020
File number: 50 StVK 418/20
Source: juris logo
Norms: § 454 StPO, § 3 StPO
Suspect in Maddie case: No suspension of residual custodial sentence

After hearing the suspect in the case of Maddie who had disappeared, the LG Braunschweig rejected the suspension of the remainder of the sentence with regard to the sentencing to a total imprisonment of one year and nine months by the AG Niebüll.

This has the consequence that the criminal detention continues. The district court has thus followed the assessment of the public prosecutor's office, which, in agreement with the prison, had also spoken out against a conditional release.

In the opinion of the regional court, taking into account the security interests of the general public, a suspended sentence cannot be justified. The convict is said to have had multiple criminal records and has failed on probation. In particular, a probation had to be revoked at the end because the convict committed several offenses during the probation period. In the past, the convicted person had committed crimes under the Narcotics Act as well as several acts against the sexual self-determination of children, which is why serious crimes are to be expected in the event of a relapse. Stabilizing factors that could prevent the convicted from committing further crimes were not found.

An immediate appeal (Section 454 (1), (3) sentence 1 of the Code of Criminal Procedure) can be lodged against the decision. The OLG Braunschweig is responsible for the decision on the immediate complaint.

Source: Press release of the LG Braunschweig v. 11/19/2020
An immediate appeal (Section 454 (1), (3) sentence 1 of the Code of Criminal Procedure) can be lodged against the decision. The OLG Braunschweig is responsible for the decision on the immediate complaint.
He has yet another appeal, which he will doubtless use.

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Re: German prisoner identified as suspect

Post by sal » 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.
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Re: German prisoner identified as suspect

Post by sal » Fri Nov 20, 2020 11:07 am

Court / Institution: BGH
Publication date: 11/20/2020
Decision date: 04/11/2020
File number: 6 StR 41/20
Source: juris logo
Verdict for rape of a 72-year-old woman in Portugal final: Suspect in Maddie case remains in custody longer

The Federal Court of Justice has confirmed the conviction of the suspect in the Madeleine McCann case for the serious rape of a 72-year-old woman in Portugal in 2005 to a total prison sentence of seven years.

According to the findings of the LG Braunschweig, the defendant - a German citizen - 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 BGH had submitted the legal question to the ECJ as to whether the principle of mutual legal assistance as formulated in European law opposed the specialty of conviction. The ECJ denied this with a ruling of September 24th, 2020.

The Federal Court of Justice rejected the defendant's appeal as unfounded, in accordance with the Federal Public Prosecutor's motion.

In the opinion of the BGH, the review of the judgment of the LG Braunschweig - apart from a clarification of the judgment formula - did not reveal any legal error to the disadvantage of the accused.

The aforementioned judgment is therefore final.

Lower court
LG Braunschweig, ruling v. December 16, 2019 - 1 KLs 71/19

Source: Press release of the BGH No. 143/2020 v. 11/20/2020

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Re: German prisoner identified as suspect

Post by Whiterose » 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.
"The greater the difficulty, the more glory in surmounting it. Skillful pilots gain their reputation from storms and tempests."

Epictetus

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Re: CB LOSES RAPE APPEAL

Post by sal » Fri Nov 20, 2020 11:25 am

sal wrote:
Fri Nov 20, 2020 11:07 am
Court / Institution: BGH
Publication date: 11/20/2020
Decision date: 04/11/2020
File number: 6 StR 41/20
Source: juris logo
Verdict for rape of a 72-year-old woman in Portugal final: Suspect in Maddie case remains in custody longer

The Federal Court of Justice has confirmed the conviction of the suspect in the Madeleine McCann case for the serious rape of a 72-year-old woman in Portugal in 2005 to a total prison sentence of seven years.

According to the findings of the LG Braunschweig, the defendant - a German citizen - 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 BGH had submitted the legal question to the ECJ as to whether the principle of mutual legal assistance as formulated in European law opposed the specialty of conviction. The ECJ denied this with a ruling of September 24th, 2020.

The Federal Court of Justice rejected the defendant's appeal as unfounded, in accordance with the Federal Public Prosecutor's motion.

In the opinion of the BGH, the review of the judgment of the LG Braunschweig - apart from a clarification of the judgment formula - did not reveal any legal error to the disadvantage of the accused.

The aforementioned judgment is therefore final.

Lower court
LG Braunschweig, ruling v. December 16, 2019 - 1 KLs 71/19

Source: Press release of the BGH No. 143/2020 v. 11/20/2020

https://www.braunschweiger-zeitung.de/p ... ngnis.html
Rogério Alves says claims made by Gonçalo Amaral are a 'waste of time'

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Re: CB LOSES RAPE APPEAL

Post by sal » 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

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