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The Complete Mystery of Madeleine McCann™
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Post by crusader 10.04.22 9:44

^^^  laugh laugh laugh
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Post by CaKeLoveR 10.04.22 9:45

Brilliant vehicle  laugh
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Post by Verdi 10.04.22 15:51

I was rather hoping we'd heard the last of Christian Brueckner.

Hope springs eternal ....

waiting

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Post by Verdi 10.04.22 16:03

Jill Havern wrote:
crusader wrote:It's still all about CB isn't it, how come if  Portuguese law say's it all ends after 15 years, on May 3rd, Operation Grange will continue until September.
high5

Well, they've got the broom cupboard to sweep out, desks to clear, coffee cups and ashtrays to wash, cobwebs to remove, and the shredder to empty ready for the next team of 'detectives' to move in to work on the cover-up of the death of a child.

Nah, the next team of detectives will be assigned to investigating the Prime Minister's inappropriate knees-ups during lockdown and why Pritti Patel - of foreign extraction, had the audacity to use the Duke of Edinburgh's memorial service as her debut on the catwalk of fame.

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Post by sharonl 10.04.22 22:13

It's almost as if Brueckner was roped in for the final period to cover up this case until such a time when the McCanns were free from the danger of prosecution in Portugal.

The case could be put to rest now with neither Bruckner of the McCanns being brought to justice.  How very convenient.

Is this why the BKA have been unable to provide us with any information on Brueckner, why they have not even questioned him let alone charged him.

So for the future will we have, Case closed, McCanns exonerated, Brueckner receiving a Murat like payout, Netflix, The Olive Press and other corrupt media profiting in the longer term from many more fake news reports and so called documentaries?
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Post by Jill Havern 11.04.22 6:08

Silentscope wrote:Or a Winnebago perhaps? One that can cover 300 miles in One minute and Forty seconds?

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Not a problem for Jon Clarke...he'll still be able to keep up with him.

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Christian Brueckner:  To be or not to be - Page 25 Empty Re: Christian Brueckner: To be or not to be

Post by Verdi 11.04.22 13:50

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If only these tabloid hacks seasoned investigative journalists would do their homework, they would be aware that the Portuguese police are not remotely interested in Christian Brueckner, never have been never will be.

Another veiled failed attempt to discredit the Portuguese police rolleyes .

It's not a problem anyway. The McCanns have three quarters of a £million stashed away to continue 'the search'. That's the search that team McCann never participated in from day one and the authorities sidelined once removing Snr Amaral from the case in October 2007.

Now why would that be I wonder ....

When it comes down to mystery and intrigue it matters not how many liar are propagated to detract from truth, it matters not how unbelievable those liar . If this case were put on a lushly adorned plate for the heroic Boris Johnson consumption, the result would be the same. The world of politics would come to an abrupt end if they ever stopped liar .

The few decent people in public office don't stand a chance against the festering corruption and liar in the underbelly.

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Post by Verdi 11.04.22 14:10

This report in isolation is so flippin' contradictory..

Police in Portugal are running out of time to bring Madeleine McCann suspect to justice because of law preventing prosecutions after 15 years


Legal experts say prosecutors in Portugal will be 'acutely aware' of time limits
On May 3, 15 years will have passed since Maddie disappeared from Praia da Luz
Statute of limitations means 'greatly reduced' chance of conviction after May 3
German investigators said last year they were 'confident' they had the right man
But prosecutor Hans Christian Wolters said they needed time to build their case
Meanwhile, a British probe found suspect Christian Brueckner, 45, had an alibi

By Mark Tovey For Mailonline

Published: 17:03, 10 April 2022 | Updated: 17:03, 10 April 2022

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....................

Now spot the deliberate mistake..

The Waily Snail wrote:Police in Portugal are running out of time to bring Madeleine McCann suspect to justice because of law preventing prosecutions after 15 years
The Snaily Wail wrote:
In October 2021, German prosecutor Hans Christian Wolters said investigators were 'confident' they had the right man and had sufficient evidence to charge over the 2007 disappearance - but that they were trying to amass as much evidence as possible before going to court.

Mr Wolters said: 'It is circumstantial evidence – we have no scientific evidence.

'When we still have questions, it would be nonsense to charge rather than wait for the answers that could strengthen our position.'

dontgetit

And then some..

Speaking to The Sun, Spencer Dohner, of MDM Legal in Faro, explained crimes punishable by ten or more years' jail time [i]'cannot generally[/i] be prosecuted once 15 years have passed' due to Portugal's statute of limitations.

How could the jail term be determined before a trial?

That aside, I don't profess to know anything about Portuguese law but in the case of a hypothetical murder of a three year old child, the case could/would be re-opened - surely?

thinking

Whatever jiggery-pokery the German authorities are up to, the Portuguese are totally segregated. They, the Portuguese, have never been on-board the good ship Brueckner, nor have they ever been on-board the good ship Sloperation Grunge.

Stop this witch-hunt, the Portuguese investigation is detailed in the files released into the public domain. Look listen and learn..

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If you need any help understanding, we here at CMOMM are at your service.

hat

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Post by Guest 11.04.22 15:54

most mainland countries have a system in law, that gives categories of crimes, most would have only a maximum penalty on them. that maximum penalty is what they mean in this piece.

so if a defendant made into a court of law, and is found guilty, the judge had to make a decision about what the penalty becomes in the verdict. portugal had always a maximum penalty of  15 years for murder. under most law systems murder is the ultimate crime. 

if there are statutes of limitations it means usually that the crime of murder will direct to the absolute maximum that you still can be brought before a court of punishment. 

most countries are being in the habit to bring those type of rulings more together with that of other countries in the eu. still justice is still a sole responsibility for each nation. so it works more on consensus base, than a obligation to regulation. 

in the netherlands we had at least to the start of 2006 a statute of limitations of 18 years as maximum. but we always were able to get live sentences for a murder or other very serious crimes. portugal once choose differently, and choose for 15 years as maximum limit for punishment. 

and a statute of limitations does simply say the case is ended for ever, what crime had taken place did not matter, in principle it could be brought before a court of law, but the judge could not give a penalty anymore.
so that would not happen. 

the most recent case we had were the statute of limitations still had a part to play in was the case of nicky verstappen, but they could escape that limitation, because they just started a prominent part of the investigation. and they got there hands on jos b.

in portugal it is maximum of 15 years for any crime, with very few exclusions, it is right that the clock starts counting later in some crime against underage persons, but those are usual the ones that the victim stays alive. these changes are mostly from the last decade. not only in portugal. 

the old semi-official translated into english law of the portuguese criminal code did not have these, and i can not find a better or later correct one with the new rulings. and that had to tell if corrections are made in the portuguese code of law were instand, as in from the date the exact law came into working, or that it has a date well before that, like we have over here. 

what not will end it the missing part of this case, that could still be investigated, mostly as a so called cold case, but there is no chance, as far as is to know from outside portugal, to bring a perp before a court of law.

there are of course some things that could come in handy, like keeping a victim alive for a certain time, so the murder or other proven way the victim got killed by a perp could delay the starting date of the statute of limitations.

but for the moment, the official start of this case,with under portuguese law a non defined crime, is the third of may 2007. the statute of limitations is reached there the day after, so the case will officially end for ever on may fourth 2022. after this date no one could ever be punished for any crime that is part of this case. at least not without some heavy juridical battle in portugal. 
there is an exception with a small opening, but that would not work for cb. as we are not paid legal advisors, let not do that work for them. 

if before that date somebody is made arquido and is suspected for a crime with a maximum sentence of 10 years of more, the clock start ticking over again, but if the arguido has no charges brought to its name, the case goes back to the original starting date again.

there is an exception with a small opening, but that would not work for cb. as we are not paid legal advisors, let not do that work for them. 

most countries have still statute of limitations on lesser crimes, most are gone for all that is punishable with 8 years of jail time or more. for serious crime most are a bit modernized, also because we could do a lot more today with forensics then before. 

in most countries it is the public that does no longer accept such sol's on murder case, it does not feel right, but the reality is, that time is hard on witness statements and the evidence itself, so you would see there is now after old cases more leniency to a defendant, so even if you get them in the end, they escape still a lot of years in jail. 
 
i, myself have more and more a problem to see murder as the ultimate crime, there are many crimes that victims will endure effects the rest of their lives from, and the costs that will bring on, is paid by every one, and not the perp. and the society today is not very friendly to victims. so my wish would be that a lot of other crimes also get the same attention under the law as we now have for murder.
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Post by Verdi 11.04.22 17:31

Quite so, but without a trial it's not known with any certainty exactly what crime has been committed.

Brueckner by way of example .... abduction - murder - rape - attempted burglary - driving without due care and attention - over weeding his allotment - child abuse - harbouring a fugitive - wearing a mask - urinating in a children's playground - driving a jaguar?

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Post by Verdi 11.04.22 17:45

Statute of Limitations

By Christina Majaski - Updated March 29, 2021

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal. However, the length of time the statute allows for a victim to bring legal action against the suspected wrong-doer can vary from one jurisdiction to another and the nature of the offense.


Key Takeaways

The statute of limitations is a law that sets the maximum amount of time that parties in a dispute have to initiate legal proceedings.

The length of time allowed under a statute of limitations varies depending upon the severity of the offense as well as the jurisdiction it is being disputed.

Cases involving severe crimes, like murder, typically have no maximum period.

Under international law, crimes against humanity, war crimes, and genocide have no statute of limitations.

Statutes of limitations can also apply to consumer debt, which then becomes time-barred debt after the statute of limitation has passed.

Proponents of statutes of limitations believe they are needed because after time important evidence may be lost and the memories of witnesses can grow foggy.

Understanding a Statute of Limitations

In general, the time allowed under a statute of limitations varies depending upon the nature of the offense. In most cases, statutes of limitations apply to civil cases. For example, in some states, the statute of limitations on medical malpractice claims is two years, so that means you have two years to sue for medical malpractice. If you wait so much as one day over the two-year deadline, you can no longer sue for medical malpractice.

Criminal offenses can also have statutes of limitations. However, cases involving serious crimes, like murder, typically have no maximum period under a statute of limitations. In some states, sex offenses involving minors, or violent crimes like kidnapping or arson, have no statute of limitations.

Under international law, crimes against humanity, war crimes, and genocide have no statute of limitations, according to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity and Article 29 of the Rome Statute of the International Criminal Court.


A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. Proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event. As time goes on, important evidence may be lost, and the memories of witnesses can grow foggy. Legal proceedings brought under these circumstances may not be fair to all parties.
Time-Barred Debt

Statutes of limitations can also apply to consumer debt because creditors have a certain amount of time in which to collect on the debt. The statute of limitations on consumer debt depends on the laws of the state in question, and the type of debt. Creditors can no longer sue to collect a time-barred debt, but that doesn’t mean that the consumer doesn’t owe the money. Making any payment towards a time-barred debt can restart the clock on the statute of limitations.
Real-World Example

For example, on Feb. 14, 2019, New York Governor Andrew Cuomo signed into law the Child Victims Act, legislation that extends the statute of limitations on child molestation. The extension gives victims more time to seek criminal charges in general and allows for a one-time 12-month litigation window for adult victims of all ages who were abused as children.

Under the law, victims can seek criminal charges against their abusers until age 28, versus the previous cutoff of age 23, and can file civil suits until age 55. The law also includes a one-year litigation window for victims of any age to file lawsuits; one of the biggest sticking points that kept the law from being approved previously.

In the past, one of the biggest opponents to the extension of the statute of limitations and inclusion of the one-year litigation window was the Catholic Church. At the time, the Republican-controlled state Senate blocked the legislation for a decade, but after a Democratic majority was voted through, the Senate and Democrat-controlled Assembly approved the legislation.

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Post by Verdi 11.04.22 18:05

36 : THE PORTUGUESE PENAL CODE (GENERAL PART ) VERBOJURIDICO

TITLE V
EXTINCTION OF CRIMINAL RESPONSIBILITY

CHAPTER I

PRESCRIPTION OF CRIMINAL PROCEDURE

Article 118
Terms of prescription

1. The criminal proceedings extinguishes through the effect of prescription as soon as from the
exertion of the crime has elapsed the following terms:
a) 15 years, concerning crime punishable with pr ison penalty for a maximum limit superior to 10
years.
b) 10 years, when it concerns crimes punishable with prison penalties with a maximum term equal
or superior to 5 years, but not exceeding 10 years.
c) 5 years, when it concerns crimes punishable with prison penalties with a maximum term equal or
superior to one year, but inferior to 5 years.
2. For the purpose prescribed in the previous num ber, to determine the maximum term applicable
to each crime, the elements concerning the type of crime are taken into consideration, but not the
aggravating or attenuating circumstances.
3. When the law alternatively establishes for any crime the penalty of prison or fine, only the first is
taken into consideration for the purpose of this article.

Article 119
The beginning of term

1. The term of prescription of the criminal proceedings runs from the day when the act has been
consummated.
2. The term of prescription only occurs:
a) In permanent crimes, from the day the consummation ceases;
b) In continued crimes and habitual crimes, from the day when the last act was practised;
c) In crimes that has not been consummated, from the day of the last act of execution.
3. As concerns this article, in case of complicity the fact of the author is always taken into account.
4. When the verification of the result not comprehended in the type of crime is relevant, the term of
prescription only runs from the day that result is verified.

Article 120
Suspension of prescription

1. The prescription of criminal proceedings is su spended beyond the cases specially prescribed in
law during the time when:
a) The criminal proceedings cannot legally begin or continue for lack of legal authorization, or the
verdict to be pronounced by a non-penal court, or else because of the devolution of a question
prejudicial to a non-penal judgment;

b) the criminal proceedings are dependent o the moment of notification of the instruction judge
decision that pronounces the offender, or from the petition to apply the sanction in brief summary
proceedings;
c) The declaration of contumacy is in force;
d) The offender being tried during his absence, the sentence cannot be applied; or
e) The delinquent is suffering penance abroad, or measure of security deprival of freedom.
2. In the case prescribed in b) of the previous number the suspension cannot exceed 3 years.
3. The prescription runs again from the day when the cause of suspension ceases.

Article 121
Interruption of prescription

1. The prescription of criminal procedure is interrupted:
a) With the establishment of the offender;
b) With the notification of the accusation or, if th at has not been deduced, with the notification of
the instructional decision pronouncing the offender, or with the notification of the petition to apply
the sanction in summary process;
c) With the declaration of contumacy;
d) With the notification of the dispatch indicati ng the day for the audience in the absence of the
offender;
2. After every interruption a new term of prescription begins.
3. The prescription of criminal procedure always occurs when, from its beginning and exempting
the time of suspension, the normal prescription term plus half of its time has elapsed,. When, by
force of special disposition, the maximum limit of prescription corresponds to 2 years, the
maximum limit of prescription corresponds to twice the term.

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Post by Guest 11.04.22 20:17

the largest hurdle in portugal is there is never been a crime named in this case. it means there is no criminal case at all, no crime = no jurisdiction. 

but even if they had chosen to go on from the first investigation report, the tavares almeida one, they could have chosen a lesser crime, but these also would have been resolved under the sol. 

each country still has his/her own national laws, so you can not use just any explanation from one for another.

also the translation is from the 2006 penal code, there have been reforms in 2013 and i never found a good translation of those. 

it is very likely the 2006 penal code was the one that was valid in may 2007, but it can happen that a reform of law, gives something as a date the code is working on. so it is not always the case that a reformed article of law is only working onto crimes after the reform is legalized, but also a period before that date.

also reforms mostly will define a lot more, so specific forms of crime could have extra restrictions. 

and it will sound a bit macaber, but it is a world wide police sport , to find gaps in articles of law to use to get some perp before a court of law. so in first instance, if the articles in the 2006 penal code are still valid today as written in this older piece of translation, this case will end on 4 may 2022. there still could be little buts and ifs that could be used to disturb that. it will end mostly well before there can be a court case against a perp at all, a court case in higher courts to decide if the found gap could be used. 

lawyers do exactly the same to keep their customers out of courts and from punishment of course. 

the problem is , that there is not only the penal code itself, plus reforms, but also jurisprudence from other cases that need to be taken in view. translations would not make it more clear, the devil is always in the details of the law, also there is a meaning per wording of a law, and a meaning per spirit of the law. 

but there is something far more important and that is a country that is eagerly willing to get this case to the courts, and as far as we could see, that is what is lacking. this is usually the result when the application of the law gets political. 

a country like portugal does not have the luxory to spend 15 million euros on looking to half a case, to find a suited offender, and not even produce one. 

so the true reason is political choices and money. 
also there is no honour in this case for the portuguese, they can not do anything right. they are able enough, but it doesn't make a difference with what solution they would solve this case, and i stil think they have done that already long time ago. 

at least they could be proud, that 15 million euros and excluding the costs for the first 4 years of uk busy bodies still failed to bring on any evidence someone other than the mccanns could have done it, what it was they still have no  opinion on. the last signs of live was that the uk is looking only into a missing persons case, nothing more or less. the portuguese did not even need a full year to do that.

and to know why operation grange is keeping on until september this year, that answer is to find in that same penal code of portugal. scroll to the top of this page, and try to read back what the person in picture number 2 had said some years ago. it was in a portuguese tv interview. at the time of the reopening of the portuguese investigation. operation grange would not be willing taking any risk, the portuguese use a small gap in that penal code. remember what did happen in september. 

i would not dare to spoil the fun of all the onlookers of this forum. the active members of this forum will know what i do mean.
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Post by PeterMac 12.04.22 7:51

I'm seeking a view from Portugal about the situation where a body is found which has clearly lain undiscovered for 16 years.
Does that mean the PJ take no further interest ?

Interesting that the case of "continuing offences' is covered in 119 (2)b.  
So any alleged offence of – as a random example, obviously, – conspiracy to pervert, or failing to report a death, or concealing a body are still being committed. Sorry "would still be being committed", if indeed they ever were.
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Post by Guest 12.04.22 13:54

please do, peter. 

if you can anyhow find access to moita flores, or one that is equally up to date with the portuguese penal code, there are more ifs and buts to find. 

overhere if human skeletal remains are found, outside a specific part of a case/cold case open investigation, it will has to be dated to a certain period by the forensic archaeologist, based on his/her findings it will be decided if it has need of any form of a civil or military police investigation, but most actions are just to identify the remains and possible cause of death. 

but we also had in old cases that still had a sol, that reopening a case before the sol was reached the sol became void. i now of 2 cases this was used, the last one was in de case of nicky verstappen, the other was earlier the killing of bolhaar and her children. the killing of bolhaar herself had already reached the sol that existed at that time, but the investigation into the killing of the children started later and that sol had not expired. the perp was found guilty of the killing of bolhaar herself, but because of the sol he escaped his punishment for that part of that case.
it was not purely an investigation that had to be active to break the sol from those years, but there had to be any form of charging have taken place and that had to be done by the approach as given by the book of law procedures. meaning the suspect must be made known he was an officially suspect. 

and around 2008 the arguido, system in portugal was reformed a bit, so there could be little differences, that at the moment has an influence on the sol of this case. 

also ask if they know what the legal status of all information and evidence found under the investigation in the case mccann becomes. if that is also lost? 

also if the case trully was reopened when they came out with the monteiro patsy, and if it is still open, or closed. 

it is some years ago i did a dive into these parts of law of portugal, and i could only find the date the case started would start the sol, or when a suspect became an arguido, that date would be the new sol, but if no charges or court case was followed after that, and the arquido status was lifted, the sol would return to the first day of a case under investigation. 

another aspect could be, did this case really started on 3 may 2007, or on 4 may 2007, because the pj started from about 01.00 hours that night. 

of course we do not know really what activity the portuguese do in this case at the moment, the do not tell public or press about that. and it is of course in the interest of the uk and the mccanns to paint a picture of inactivity. i think i did feel in that trap myself a bit. but a tabloid could not know how active a portuguese investigation really is. we look with our minds from habits of our own countries to a lot of these things. 

there are simply differences, the reopening around monteiro is one of them, over here being dead breaks all that could be charged against you. and monteiro already died when the investigation against him started. 
so there are thing possible about the investigational stage, but that could not be enough for a conclusion. also after the sol expired there are no legal ways to make someone into a suspect. 

there could be nice usable pieces of law, that in itself could not have a statute of limitations, indeed like conspiracy against a state, in most countries it is to find under newer law parts that are made to bring terrorism to justice. some countries can have opportunities under falsification, but most times you end up in a pre formal court setting, to let a judge panel decide if that approach is void, or not.
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Post by Verdi 12.04.22 14:34

I can't help but wonder if the term 'statute of limitation' is wrongly applied - misinterpreted, incorrectly used as a global term to cover any case that has been archived, for want of a better word.

Personally, I don't turn to the law according to UK standards for answers as I know laws differ from one territory to another, what I do is apply logic, or common sense if you prefer.  To this end I just can't believe, no matter what people say to the contrary, that the case of a missing child, presumed dead, would be closed after a specific time frame dictated by legal blueprint.  A case closed/archived due to lack of conclusive evidence yes, a case closed/archived for eternity, even if fresh evidence surfaces?  No, I can't be convinced, aside from the law, there are moral implications.

Say for example, not a very good example, a crypt of dead bodies is uncovered in a children's home dating back to 1950's.  Does the law as it stands, brush it aside without further investigation?  Just ignore an atrocity because a statute of limitation has expired?

I quite understand if a case is closed/archived because evidence is lacking to take the case forward lead to a prosecution but in the event of new evidence coming to light, the case (I refer only to a criminal case) must be reopened .... surely?

In short, I'm trying to say the term 'statute of limitation' only applies to duration of an active investigation that can't be concluded successfully through lack of evidence.

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Post by Verdi 12.04.22 14:53

OK, so I know this is not Portuguese law but it gives an indication of the subject matter .... the rationale behind the mystic 'statute of limitation'..
PURPOSES

Criminal statutes of limitations ostensibly serve several purposes, all
of which relate to the efficacy of criminal law administration. Since relevant
legislative history is meagre,' 2 it should be noted that although the follow-
ing purposes may be achieved by the statutes, such purposes did not neces-
sarily motivate legislative enactment.

The most important reason for statutes of limitations is to protect the
accused from the burden of defending himself against charges of long-
completed misconduct.' 3 As time passes, witnesses upon whom the de-
fendant may need to rely die or move away; events are forgotten and
records lost, particularly if the events seemed unimportant at the time of
occurrence.

"Statutes of limitation are founded upon the liberal theory that pros-
ecutions should not be allowed to ferment endlessly in the files of the
government to explode only after witnesses and proofs necessary to
the protection of the accused have by sheer lapse of time passed beyond
availability." 

Even where the defendant is guilty, circumstances which, at the time of
commission, tend to mitigate his sentence, such as an adverse economic
situation, fade into unimportance. While some of these factors are simi-
larly detrimental to a delayed prosecution, it must be remembered that it
is the prosecutor who exercises the option to proceed to trial.

Closely related to the protection of the defense as a purpose of limita-
tions statutes is the desire to insure that criminal prosecution will be based
on evidence that is reasonably fresh and therefore more trustworthy than
evidence with a probative value which has grown weaker as man's ability
to remember has become impaired. 
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....................

So here we have a reference to the individual, the suspect under investigation - not the investigation itself.

This is how I see the true meaning of the term 'statute of limitation' - more commonly used in civil law than criminal law, correct me if I'm wrong.

The Portuguese police do not have a suspect on the radar for the disappearance of Madeleine McCann, not since Gerry and Kate McCann were allowed to flee Portugal early September 2007.

Gonçalo Amaral has repeatedly said on record, Brueckner played no part in the disappearance of Madeleine McCann.  He may have been prematurely removed from the case but he is still the voice to be heard above all others.

Christian Brueckner is not a suspect identified by the Portuguese investigation, he is a but a name slotted-in for convenience.  He is German, he's being detained in a German prison, he is being investigated by the German police - apparently.  If he even exists.

Whatever, the name Christian Bruckner will never solve the Complete Mystery of Madeleine McCann.

This is just hot air.

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Post by Guest 12.04.22 17:47

Say for example, not a very good example, a crypt of dead bodies is uncovered in a children's home dating back to 1950's.  Does the law as it stands, brush it aside without further investigation?  Just ignore an atrocity because a statute of limitation has expired?


isn't exactly that happened time after time, all around the world. 


this one is even gone back to 1961, no word about a police investigation, only a sort of inquiary, and the ones in the knowing what happened just say no comment to it.


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from the article;


The bodies of hundreds of children are believed to be buried in a mass grave in Lanarkshire, southern Scotland, according to an investigation by BBC News.



One of those believed to be buried there is Francis McColl. He died in 1961, aged 13; his death certificate indicates he died from a brain haemorrhage.

His brother Eddie spent decades wondering what had happened to Francis. At one point, he heard he'd been struck on the head by a golf club, which now chimes with the evidence of the death certificate.

simply a death certificate and that is all. and the uk has no sol's in place for serious crime. so also without a sol it is no guaranty it would become at any time a investigation or more.

it is just one of many things countries made out for themselves, each choose their own rules. the views of the societies in a country can change over time, so the laws will be changed with that. not only on sol's, but also on punishment. 

we lost our sol on murder cases from the start of 2006, others are still keeping them. it was here just a natural evolution of thinkings, there was more and more possible, to investigate a case on evidence we can find today. 

in this case , it happened on portuguese territory, and with that it will be handled under portuguese laws.

our morals or principles has no influence on that. also having no sol does not mean the case will be investigated or brought before a court of law. 

the uk have none, but had, and maybe still have silly rules by destruction of possible evidence by the forensic services. that is not very helping in this case. and not in uk ones too.

we had for murder 18 years before a sol was reached. okay, we have some escapes in it. it is because of new technical methods, and because of that the morals of the nation got hold into parliament and that law was changed. 

a missing person is no criminal case in itself, so that in itself has never other rules and regulations, and it will always possible to use the help and assistance part of the police task to look into these cases. most would be action or investigation in finding that person, and things like identification.

but because it is not crime in itself, you will lack all tools a crime investigation can use. most work still could be done on a voluntary base by citizens. like taking a look on a piece of ground. 

and this is usually also how every missing persons case will start, only when there comes information on the table, the missing is a result of criminal acts of a third party it will become a criminal investigation. 

the only thing that is different after a sol is, there is no punishment possible for that third party. 

a sol is not based on a case, but on the crime, the case has most times a whole list of criminal findings, it is hardly ever only murder, or concealment of a body, mostly a mix of offences and serious crimes. most of those are long time ago expired. 

if it was a third party crime, you would see taken a underage person without permission of the parents, taking a person against its will, in a minor both of the ones before are not very far apart, because a young child has no legal will of its own. taking a minor captured, all kinds of nasty handlings you could think of, and with death as a result from those actions, or planned murder, concealment of a body. maybe even false testimonies.

the list for a parent that also is the legal guardian is a bit shorter, because the first two are not possible.

sol means just there will be no punishment aka justice possible after it expired. 



what is wrong with a fair trial. the defendant is innocent until the verdict of judge is spoken. 


and evidence is not getting better quality after years on the shelves, pieces break down, got missing, misplaced, and witness statements in a fresh state are hardly good evidence. even in this case the girl who told in 2007 about the disgusting man, read her statement and look what got into the papers, she was telling it was certainly cb. 


it is never nice if a perp does not got his or her earned punishment, if it is because their is to little evidence, false alibis, or even by expired sol's. i prefer that beyond faulty evidence and the memory of witnesses resulting, in a but he must be guilty so he is guilty approach. 


the law is never flawless, it is also not static over time, only in the moment you work with it, but i like it if it stays evolving in a democratic way. continental criminal law has as a starting principle protection of the innocent, not punishment of the guilty, that is secondary. that basic principle share we with portugal from roman law. the french, the spainish and germans did give it a bit of a sauce on it. and today it is international law and the eu that gives it a sprinkling over that. 


most changes about sol's and also maximum penalties and what is a crime is pretty fluid. never very quick, and if you read up on a bit of recent history of portuguese law, you see they follow through on the actuality. 
this case has a type of criminal aspect , that is not common in portugal. so they had very little need to bring up their laws for it. 


most parts of law that work into justice for underage and vulnerable people in all countries are from the last few decades. terrorism is not even implemented everywhere as a specific crime, same with digital frauds including child porn. 


and it is very well possible portugal had indeed changed the laws on this after the 2006 translation. but older cases will be prosecuted under the laws from the time it happened. 


and besides the law, we have also a public court of course, so if there is still a sol in this case to expire, who knows what information will see daylight. i do not think we here have a problem with hangout our morals.


operation grange would not look into clearing the mccanns, well they did investigate all others, they told us, and all those others did not do it, so who are the last ones in the hat? 


even a guilty verdict does not mean everyone will agree with the verdict. 


and would it matter, if there came evidence to light, do you think the governments in this play would be very willing to do something with it. because i do not. they will just hold on like they did the last 15 years. 


and the germans, tja, tja, they will find a carpet to fit it under, or a hole on a beach. 
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Post by Verdi 13.04.22 2:41

Aha - the inaction here has nothing to do with a 'statute of limitation' but everything to do with reluctance to acknowledge an international scandal of unprecedented proportions .... institutionalized child sex abuse.

It was a  bad example - a tongue in cheek inference.

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Post by Silentscope 16.04.22 20:14

By [You must be registered and logged in to see this link.]
PUBLISHED: 11:49, 16 April 2022 | UPDATED: 11:50, 16 April 2022


[You must be registered and logged in to see this link.] suspect Christian Bruckner has written to MailOnline, revealing that he has yet to be questioned about her disappearance almost two years after being named as responsible for her abduction.
Convicted rapist Brueckner, 44, was identified by German police in June 2020 with prosecutors saying they believed he had murdered her and they had 'concrete evidence' Madeleine was dead.
But since the fanfare announcement which made headlines around the world, no charges have been brought and none appear imminent, which has only intensified the anguish for parents Kate and Gerry McCann.


In his letter – the first to a British media organisation - he said: 'I haven't been questioned on any allegations as required by German law, but it is obvious the German authorities and especially the Department of Justice, are providing the media with information about me that is likely to make me appear contemptible.
'This also applies to the authorities at the correctional facility in which I am currently being held.'

Then taking a swipe at the investigators he said: 'By now it should be most obvious to anyone with halfway reasonable thinking that the German authorities are trying by all means necessary to cover up the mistakes that have been made.
'By "mistakes" I mean blatant violations of German criminal law and international human rights.
'This statement on my part has so far only been laughed at as "wailing" which gives me an approximate insight into the hopeless situation of the Jews, or in general, of the minorities in the Second World War.'
In his letter Brueckner makes no direct mention of Madeleine but highlights how he is constantly hearing he is being investigated for various sex crimes but that no one from the police has interviewed him about any of them.

Besides the McCann investigation, Brueckner is also being probed over the 2004 rape of Irish tour rep Hazel Behan, who has waived her anonymity, and a sex assault on a ten-year-old girl at Praia da Luz just a month before then three-year-old Madeleine vanished.
German authorities are adamant they have the right man, although Scotland Yard, who last month announced they were winding down their 11-year investigation into Madeleine's disappearance codenamed Operation Grange.
Privately they are said to be dubious of any charges against Brueckner, as the only evidence against him appears to be circumstantial and from unreliable witnesses.
However German prosecutors have insisted they will continue their investigation even though they admit they have no idea if it will end with him being charged.
Earlier this week MailOnline revealed that the German police had revisited every major witness in an attempt to ramp up their probe.


Hans Christian Wolters, a prosecutor in the German McCann investigation, insisted that Scotland Yard's decision would have no bearing on their work.
He told MailOnline: 'Our investigations are independent of the British ones.
'We have no time limit. Therefore, we have the time to investigate as long as we have investigative approaches. at this moment I cannot say when the investigations will be completed but we are confident they will, and he is still seen as a prime suspect in the case.'


His lawyer Friedrich Fulscher has always maintained his client's innocence but a source close to him said: 'While Brueckner maybe a man you would choose not to mix with socially he is not responsible for the abduction of Madeline McCann.
'The German authorities and media have maintained a campaign against him which is purely hearsay and after two years almost he still hasn't been charged.
'The German authorities say they have concrete evidence, but nothing has been revealed and for the sake of Madeleine's parents and Brueckner this should be revealed, if it exists at all and a decision made.'


On May 3 it will be the 15th anniversary of then three-year old Madeleine's disappearance from her holiday apartment where she was staying with Kate and Gerry and her siblings and the couple from Rothley, Leicestershire, are to be considering continuing their hunt through private funding. 


Source:
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Post by PeterMac 16.04.22 22:13

But Have they asked the principal Investigator. Intrepid but diffident reporter by day
Super Sleuth by night . . . . .   JON CLARKE-KENT

He KNOWS Brückner is guilty. Of something. Or other. Probably  At a pinch. Very likely. Though it might not be connected.
Anyway he is foreign, and swarthy, and walks with a limp, and smells of garlic, and wears funny coloured clothes, and mumbles in another language, and has a funny eye, and smokes weed . . .    so it MUST be HIM.
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Post by CaKeLoveR 16.04.22 22:17

Also, he had a camper van. Nobody else in the world had such a vehicle  at the time.
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Post by Jill Havern 17.04.22 14:07

Madeleine McCann suspect Christian Brueckner claims he is STILL waiting to be questioned

George Holan · April 16, 2022

Madeleine McCann suspect Christian Bruckner has written to MailOnline, revealing that he has yet to be questioned about her disappearance almost two years after being named as responsible for her abduction.
Convicted rapist Brueckner, 44, was identified by German police in June 2020 with prosecutors saying they believed he had murdered her and they had ‘concrete evidence’ Madeleine was dead.
But since the fanfare announcement which made headlines around the world, no charges have been brought and none appear imminent, which has only intensified the anguish for parents Kate and Gerry McCann.


Convicted rapist Brueckner, 44, was identified by German police in June 2020 with prosecutors saying they believed he had murdered Madeleine McCann

Brueckner is currently serving seven years in Oldenburg prison, northern Germany, after being convicted of raping a 72-year-old woman in 2005 in the Portuguese report of Praia da Luz, from where Madeline vanished two years later.
In his letter – the first to a British media organization – he said: ‘I haven’t been questioned on any allegations as required by German law, but it is obvious the German authorities and especially the Department of Justice, are providing the media with information about me that is likely to make me appear contemptible.
‘This also applies to the authorities at the correctional facility in which I am currently being held.’
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On May 3 it will be the 15th anniversary of then three-year old Madeleine’s disappearance from her holiday apartment

Then taking a swipe at the investigators he said: ‘By now it should be most obvious to anyone with halfway reasonable thinking that the German authorities are trying by all means necessary to cover up the mistakes that have been made.
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‘By “mistakes” I mean blatant violations of German criminal law and international human rights.
‘This statement on my part has so far only been laughed at as “wailing” which gives me an approximate insight into the hopeless situation of the Jews, or in general, of the minorities in the Second World War.’
In his letter Brueckner makes no direct mention of Madeleine but highlights how he is constantly hearing he is being investigated for various sex crimes but that no one from the police has interviewed him about any of them.
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Parents Kate and Gerry McCann. Scotland Yard last month announced they were winding down their 11-year investigation into Madeleine’s disappearance

Besides the McCann investigation, Brueckner is also being probed over the 2004 rape of Irish tour rep Hazel Behan, who has waived her anonymity, and a sex assault on a ten-year-old girl at Praia da Luz just a month before then three- year-old Madeleine vanished.
German authorities are adamant they have the right man, although Scotland Yard, who last month announced they were winding down their 11-year investigation into Madeleine’s disappearance codenamed Operation Grange.
Privately they are said to be dubious of any charges against Brueckner, as the only evidence against him appears to be circumstantial and from unreliable witnesses.
However German prosecutors have insisted they will continue their investigation even though they admit they have no idea if it will end with him being charged.
Earlier this week MailOnline revealed that the German police had revisited every major witness in an attempt to ramp up their probe.
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Brueckner is currently serving seven years in Oldenburg prison after being convicted of raping a 72-year-old woman in 2005 in the Portuguese report of Praia da Luz, from where Madeline vanished two years later

Hans Christian Wolters, a prosecutor in the German McCann investigation, insisted that Scotland Yard’s decision would have no bearing on their work.
He told MailOnline: ‘Our investigations are independent of the British ones.
‘We have no time limit. Therefore, we have the time to investigate as long as we have investigative approaches.
‘At this moment I cannot say when the investigations will be completed but we are confident they will, and he is still seen as a prime suspect in the case.’
His lawyer Friedrich Fulscher has always maintained his client’s innocence but a source close to him said: ‘While Brueckner maybe a man you would choose not to mix with socially he is not responsible for the abduction of Madeline McCann.
‘The German authorities and media have maintained a campaign against him which is purely hearsay and after two years almost he still hasn’t been charged.
‘The German authorities say they have concrete evidence, but nothing has been revealed and for the sake of Madeleine’s parents and Brueckner this should be revealed, if it exists at all and a decision made.’
On May 3 it will be the 15th anniversary of then three-year old Madeleine’s disappearance from her holiday apartment where she was staying with Kate and Gerry and her siblings and the couple from Rothley, Leicestershire, are to be considering continuing their hunt through private funding .

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Post by PeterMac 17.04.22 16:39

On May 12 she will be 18 and will have been legally an adult for two years.

She is therefore legally able to make her own decision about whether she wished ever to speak to the parents
who on their own admission abandoned her and her two younger siblings in a dark, cold, unlocked apartment
for five nights in a row . . .   [their words, not mine]

May be she has decided to grow up into a model citizen, and to behave responsibly.

Or perhaps she was never given that opportunity.
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Post by sharonl 21.04.22 21:38

Christian Brueckner named as official suspect in Madeleine McCann case for first time
45-year-old German national Christian Brueckner, a convicted paedophile, was first named as a suspect in the summer of 2020 but has now been officially named in the case


Madeleine McCann: Brueckner's motivations discussed by expert


ByRob HydeKieren WilliamsNews ReporterAndy Lines
18:42, 21 Apr 2022UPDATED19:03, 21 Apr 2022
German paedophile Christian Brueckner has been officially named as a suspect in Madeleine McCann's disappearance for the very first time.

He was named as an official suspect by Portuguese authorities yesterday, the 43-year-old’s lawyers confirmed.

It is believed that the move, making Brueckner an “arguido” (defendant), is linked to the upcoming 15th anniversary of the young girl’s abduction.

Maddie's parents, Kate and Gerry, both 48, were made arguidos in September 2007.

But their status was lifted in July 2008 when Portuguese police archived the investigation.

This has important legal ramifications, because whilst in Germany there is no time limit for a murder charge, in Portgual there is a strict 15 year limit.

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This move allows the investigation to continue further.

Brueckner’s lawyer, Friedrich Fuelscher said: "The step taken by the Portuguese authorities should not be overrated.

“Without knowing the Portuguese legal situation in detail, I assume that this measure is a procedural artifice to stop the statute of limitations threatening in a few days."

The 45-year-old was first named in the summer of 2020 as a prime suspect by German police, after mobile phone records placed him in Praia da Luz on the night Maddie vanished.

But despite further extensive inquiries he has never been charged.

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Recently, the Portuguese authorities confirmed that they will continue their inquiries amid reports that Scotland Yard’s Operation Grange investigation will be wound up this autumn.

Brueckner is currently serving a rape sentence at a high security prison in Oldenburg, northwest Germany.

He also still faces charges for the rape of irish national Hazel Behan in Portugal in 2004.

German paper Bild revealed the latest development of the long running mystery.

Maddie disappeared in May 2007 from a holiday apartment as her parents, from Rothley, Leics, enjoyed a tapas meal nearby.

This all comes after fears the 15-year limit on prosecutions meant the perpetrators behind Maddie's disappearance might have gotten away with it.

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The McCann's family lawyer Rogerio Alves warned in July 2020 the limit meant that they were running out of time to take action.

The Mirror previously reported how Brueckner's once-friends suspected him of being behind the disappearance.

Christian Post said he thought his former pal snatched Maddie.

The 54-year-old said Brueckner would boast of burgling holiday flats during chilling “night-crawls” across the Portuguese resort.

He told how the chief suspect in Madeleine’s disappearance had up to 100 passports from ­properties he raided.

And he admitted he regrets not tipping off police about his crimes, but insisted he is willing to try to help bring him to justice over the missing toddler.
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