Christian Brueckner: To be or not to be

The Evidence required to charge someone with Rape in Germany was changed recently, and any Sexual Assault while the Victim is in a helpless State can be viewed as Raping them.

DM was Tied up, and Defenceless at the time. That may have been alone ‘just cause’ under the new rules.

From DW reports 07.07.16

German lawmakers unanimously passed legislation for "improving the protection of sexual self-determination" that makes it easier for victims of sexual assault to file criminal complaints.

The law closes "blatant loopholes" in Germany's rape laws by widening the definition of rape to include sexual activity that goes against the "discernible will" of the victim, Justice Minister Heiko Maas said on Thursday.

If "a defenseless state is used to commit sexual attacks, the culprits can be punished for that accordingly in the future," Maas said before the vote.

"When perpetrators cannot be punished, it is a second bitter humiliation for the victims," Maas said.

Previous legislation stipulated that rape could only be punishable if the victim showed physical signs of resisting the assailant.

"It is crucial that we finally embed the principle of 'no means no' in criminal law and make every nonconsensual sexual act a punishable offense," Social Democratic Party lawmaker Eva Högl said ahead of the parliamentary vote.

In March, German Chancellor Angela Merkel's cabinet approved the measure following hundreds of reports of sexual violence committed by men of apparent foreign backgrounds on New Year's Eve in Cologne.

Under the new legislation, individuals involved in a group carrying out acts of sexual violence are liable to face criminal charges, even if they did not commit the acts themselves.

According to Germany's DPA news agency, some 8,000 rapes are reported annually. However, only 8 percent of court trials concerning rape result in a convictions, said Germany's justice minister.


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Earlier this year Busching claimed that Brueckner had confessed to abducting the British girl from her parents’ holiday flat in Praia da Luz in the Algarve region in May 2007, when she was three. Busching claimed that when they were discussing Madeleine’s disappearance, Brueckner told him that “she didn’t scream”.

So in press speak when someone says something like "she didn't scream" (subject to variations according to source), is interpreted as a confession?

Even if Brueckner did say something like that, for which there is no proof, so what - it's hardly a confession is it? Why would anyone say such a thing without context - it means nothing as a stand alone sentence.

The press and mainstream/social media pick up irrelevancies and churn them out ad-infinitum without ever bothering to check the facts and perhaps, heaven forbid, think for themselves.

That aside, anyone who believes for one second the likes of Busching and the other clown, Manfred Seyferth, are assisting the police with a criminal investigation, then I despair.

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It is not the Madeleine McCann case, that was archived by the Portuguese judiciary in the summer of 2008 and remains there pending new EVIDENCE to pursue.

From Bild on the Statement of Helge B.
30.06.23.

"The testimony of the witness raises a lot of questions that reinforce me in the assumption that these videos are fictitious," says Kiel star lawyer Dr. Friedrich Fülscher (39). First of all, there are constancy breaks to previous statements.
On the other hand, there are also considerable contradictions to the statements of the witness Manfred S.
According to the court that sentenced Mr. Brückner, he is said to have seen other sequences than Helge B.
According to the current description of Helge B., this would in fact not be possible."

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Not to mention the apparent Red body hair containing Brückners DNA found on the Victim’s bedsheet. Brückner is blonde however.

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^^^  Drole!

Meanwhile, this is a very odd report just appeared but published a couple of days ago.

It is in fact yet another repeat from a former year, the film festival coming to a prison near you, the report itself however is a bit weird..

SICK TWIST Madeleine McCann suspect Christian B set to watch film that has chilling similarities to tot’s disappearance in prison

Isaac Crowson

Published: 7:32 ET, Sep 16 2023

THE prime suspect in the disappearance of Madeleine McCann is being treated to a movie about a young missing girl at a film festival in jail.

Paedophile Christian B. will be able to relax and watch the movie in prison which has disturbing similarities to the crimes he is accused of committing.

Twisted Christian B., 45, is currently held at Oldenburg prison in Germany.

This weekend the prison will host the Oldenburg Festival, which features the Japanese film From Dawn Till Noon On The Sea.

The plot focuses on a schoolgirl who was kidnapped for 49 days, while other films at the festival include topics of murder and children dying.

Inmates are allowed to watch the films alongside members of the public and they are reportedly shown inside the jail for prisoners as well.

The films are shown in communal areas inside the prison.

It comes amid reports the case against suspect Christian B. is close to collapse.

Ex-pal Helge B - who has become a major part of the German-led case - could soon back out and refuse to support his claims Christian B. is guilty, in court.

Sources say that would throw the case in jeopardy, and it is thought the paedophile will be kept updated on the news while in prison this week, ahead of the film festival.

The revelation he will be watching movies in jail has promoted an angry reaction from child abuse campaigners.

One source said: "This is wrong on so many levels. This offer should not be made to prisoners such as that.

"Someone like Christian B. is likely to get some sick kick from a film like that. It's a disgrace."

German Helge B, 48, was a criminal pal of drifter when they lived on the Algarve around the time of Madeleine's disappearance from her family's holiday apartment in Praia da Luz.

He told cops he was chilled by Christian B.'s alleged dark confession when the pair met at a music festival in Spain a short time after the tot vanished.

As the pair discussed the case over beers, Christian B. was said to have coolly confided: “She didn’t scream.”

The convicted rapist and child sex attacker clearly implied he had taken Madeleine, Helge B told cops.

Christian B. is serving time in jail for a string of sex crimes.

The prison and film festival were contacted for comment.

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As the pair discussed the case over beers, Christian B. was said to have coolly confided: “She didn’t scream.”

The convicted rapist and child sex attacker clearly implied he had taken Madeleine, Helge B told cops.

So the sum total of evidence so far is a phone ping, a rumour Brueckner was in the area at the time of disappearance and now three words .... 'she didn't scream'?

I don't think that would even get past the court usher.

Did he say 'she didn't scream'; did he say 'she didn't scream?'; did he say 'got some ice cream?'

Did he say anything at all? Can a known felon be relied upon to be truthful - even if possessing an impressive memory?

Utter nonsense.

Bah !!!

How disgustingly vile and perverted. But we must look after child molesters. They have human rights, too.

CakeLoveR [You must be registered and logged in to see this link.], child molesters (monsters) do have human rights. They have the right to choose the rope, lethal injection or the electric chair.

it will up maybe tomorrow in the uk paper and news outlets, but bild has the news in german, that der hans won the dispute about where cb has to stand trial in germany, so that will be first for the 5 cases braunschweig.

for the ones who are very curious, i only have a german link, so wo wants to know now, pick and choose your own translation app of choice , or just wait until tomorrow for the same muck, but from a english source.

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so i think sommer loch in germany itself is officially closed and the silly season too.

this is the official statement;

link to original in german; https://oberlandesgericht-braunschweig.niedersachsen.de/startseite/aktuelles/presseinformationen/landgericht-braunschweig-ortlich-zustandig-225563.html

deepl translate it into this;

Regional Court Braunschweig locally competent

BRAUNSCHWEIG SUPREME COURT - 19 September 2023

In today's order, the 1st Criminal Senate overturned the decision of the Regional Court of Braunschweig in the proceedings 2 KLs 213 Js 52790/18 on appeal by the Public Prosecutor's Office. The Regional Court had wrongly declared itself to be without jurisdiction. Instead, the Regional Court of Braunschweig has local jurisdiction for the charges and must decide on the opening of the proceedings. At the same time, the Senate reinstated the arrest warrant of 18 November 2022 that had been annulled by the Regional Court in this context.

The local jurisdiction was based on the last domestic residence of the accused. This was to be determined in Braunschweig on the basis of a multitude of different indications and evidence - in particular earlier statements by the accused - according to the 1st Criminal Senate in its reasoning. Contrary to the statements of the Regional Court and the accused, there were no sufficient indications for a residence in Saxony-Anhalt.

The decision was made in the so-called interim proceedings and thus before the opening of the main proceedings, which is why further information on the charges will not be given. Furthermore, the presumption of innocence must be taken into account, according to which any person charged with a criminal offence is presumed innocent until proven guilty according to law.

Madeleine McCann suspect could face trial in Portugal after judge's ruling

Christian Brueckner is being probed over the British youngster’s 2007 disappearance in Portugal, and he was already awaiting trial for a string of rapes and child sexual assaults

ByMartin FrickerSenior Reporter

23:21, 19 Sep 2023

Madeleine McCann suspect Christian Brueckner can be charged over alleged sex offences carried out in Portugal, a court has ruled.

The paedophile is being probed by a team of prosecutors and detectives over the British youngster’s 2007 disappearance in Portugal. He was already awaiting trial for a string of rapes and child sexual assaults allegedly committed in Portugal. Those charges were dramatically dropped in April after a German court ruling over who had jurisdiction in the case.

The charges had been filed by prosecutors in the city of Braunschweig because he previously lived there in 2016. But Brueckner’s lawyer Friedrich Fuelscher argued that he was actually living in Neuwegersleben, Lower-Saxony. Braunschweig Regional Court ruled in favour of Brueckner, 46, saying it had no jurisdiction over the case.

Mr Fuelscher claimed the probe into Madeleine’s disappearance also needed to be shelved as a result of the judges’ decision. The decision was a devastating blow for Madeleine’s parents Kate and Gerry and raised fears Brueckner could walk free. But yesterday the Higher Regional Court overturned the ruling, saying Braunschweig prosecutors have jurisdiction after all.

It means he will now have to answer five Portuguese charges, which were first filed last October, and could stand trial. The sex crimes were all allegedly carried out in the Algarve between 2000 and 2017. They include the alleged rape of an Irish tour rep, who was attacked in her apartment Praia da Rocha in 2004.

Brueckner is also accused with raping a teenage girl in his Praia da Luz home and raping an elderly woman in her holiday apartment. He also faces two child sex charges for allegedly exposing himself to girls in separate incidents in the Algarve ten years apart. The German has not been charged in the Madeleine case - which is ongoing - but remains the only suspect.

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Brueckner denies any involvement in her disappearance. He is currently serving a seven-year prison sentence in Germany for a rape he committed in Portugal in 2005. Madeleine was three when she disappeared from her parents’ holiday apartment in the resort of Praia da Luz.

Kate and Gerry, from Rothley, Leics, were dining with friends in a nearby tapas restaurant at the time she vanished. The couple have refused to give up hope that their daughter will one day be found alive. Brueckner, who lived in a ramshackle Praia da Luz farmhouse in 2007, was named as a suspect in 2020.

The Mirror revealed last week how the German had written begging letters to ex-pals asking them to speak on his behalf in court. He moaned that prosecutors were making him out to be a “monster”.

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I can't even bring myself to agree this keeps the name Madeleine McCann in focus, because it doesn't.

It keeps the name Christian Brueckner in focus, a name bandied about for over three years without a single piece of evidence that can link him (if he even exists) to Madeleine McCann's disappearance.

Frankly it makes me sick.

Its a dirty trick, a diversion and it works every time - particularly with those who lurk with bad intention.

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[You must be registered and logged in to see this link.] wrote:
Instead, the Regional Court of Braunschweig has local jurisdiction for the charges and must decide on the opening of the proceedings.

The decision on the opening date in Germany is only now being forced?
After 3 Years?

not 3 years, the five cases only had been send to the court of first instance in december 2022. investigation times does not count in your country, the clock starts only when charged are brought. 

and no, the ruling of a higher court in a district about jurisdiction rules over that of the opinion and verdicts of the lower courts.
and this is the highest court in this state, there are more seatings of supreme courts in niedersachsen, and after this it can not go higher in that state = bundesland that is a part of the republic of germany, but within they can take there own stands in law, but still the criminal law itself are grounded at the level of the republic. the so called german law.

and the national criminal german law leaves room for different decisions on aspects, that will be filled by the view of each state in its own right. officially each state even has its very own set of laws, and often parts are just left on purpose so each state can keep their own views about the matter.
and because it was a question about one of the fundamental principles of law, jurisdiction, it can easily step up through the ranks of courts, so the first instance court was regional of braunschweig, this was just the second, but also highest court that can deliver a verdict over braunschweigs regional court. 

but that highest aka supreme is only about niedersachsen, but is is because of the nature of the question, very likely to ask an opinion of a national court, and even the european. 

the consept and meaning of jurisdiction by law in germany is not the most clear and easy stuff. 

and it is a common rule everywhere, you check always, even at the start of any investigation if you have that jurisdiction, you do want that simply set in stone, because without it, you can not use the privileges that make investigations possible. 
and it never was easy stuff, but because people change habits, and forget easily they have a duty to register an address, or do not want to do that, it becomes even more complicated.

and it are also not short pieces of texts in that part of german law, but it looks like it that the defense used a small passage in the last resort text, that you also have to have the will, to belong somewhere. and that this will can overrules a registration in the past, that was not officially ended. 

and this is extra complicated, because cb his last place before leaving germany is mostly just his story. and from that story not the only place he stayed, he also had access to a plot at the gardens in the region of braunschweig. but also stayed near friends and on the roads. 
so the defense pleaded, because cb also kept belongings associated with living somewhere, like clothing and personal stuff on the site at the old box factory, that was the site he showed intent and that will to be resident.

that will and showing your intent for residence is only something you get into when people do not choose to live on a common registered address like a home, that has also an official documented address. so people who stay in short stay rentals, hotels, travelers, wanderers and homeless people then it gets into complicating things. so even when the laws tells you have to be registered on a address, the eu even says an address in the eu, where you stay the most days in a given year, does not mean people are following that as a rule and do that. 
and for most it is almost impossible to register in that way, because they have no plans about when they are where and for how long, also registration points are usually only open in marginal day time office hours. 
there are also other countries, or in a country of independent states as germany, to have rules about how long you can legally stay, that are in conflict with what people do will and show intent in. 
and do not forget you can legally stay in every part of the eu. but with abiding local law and rules. most only choose the first part.

and what happened here, cb tried to escapes rules around his last getting out of jail bond, caught the bus line to the netherlands, and took there a connection to italy, most likely he just used one of the eastern cities near the german border, at that time, there have been transfer stations around arnhem and zutphen too, no need to travel to amsterdam or utrecht. only if he wanted to use a train, travelling further was needed, because the international trains from the eastern cities all travel through germany. only the western half goes over belgium and france south. 

so he stayed some time in italy, said he was robbed of,  or lost his papers, so got into stranger detention to make identification possible, because he could not give a solid address in italy itself. and italy found the extradition marking from germany.
so he was extradited from italy to germany by plane and landed at frankfurt airport. 

at the moment he is in jail, and that does not count in germany as a legal address for jurisdiction, what is a different question mark when you let go your mind over it. 

so even if you do make use of willing and with intent, frankfurt can never be that, he was not very likely willing in that arrival. or by intent on that plane at all. 

wolters just took the last registered address in germany, but he lived their no longer, and probably even had no longer access to that address, or a way to show the will and intent to be there. if he had played by the rules, he would have de-registered that as his address, but he choose not to do that. 

registration usually ask also for a legal existing address with residency options to it, and the old box factory lost that long ago or never had that, and the garden plot would not be feasible to register residency. 

it is not of much weight if there are indeed living conditions like water and a sewer connection, that is only when you want a plot to get an registered address as an object for residency. by law it are different elements. 
if you are too strict with registering an address it would make it impossible to get a homeless person under any jurisdiction at all. 
and officially cb was to been understood as homeless, or equal to that. 

but will and will with intent are not things you can easily made into factual stuff. 

so hcw said last known registered address was in our jurisdiction, and our law is where he resides under. the defense team said no, it must be in another state in sachsen anhalt at the old box factory, or where he set foot on the ground first after his extradition, what would be frankfurt. 

so it became the sword of justice to put both to the test, the first instance said we go with the defense, that is now overruled by the higher court, the high or supreme court of niedersachsen, the state braunsweig resides under, and that court also has a seat in braunschweig itself, but it has a much larger area to rule over.

when the law does not give a solid answer, the judges can take in mind things like, there is already been done a lot of investigation, and things like, if cb was still connected to braunschweig in other ways than only having the will to be a resident there. even the set back in work load in the district of sachsen anholt could have put weight in. 

but the verdict is for now only standing as given by this court and it means the lower court has to simply take the cases on, and directly the arrest that already was made official will be reinstated too. so there is nothing that stands in the way to start the procedures of the court case at the regional courts of braunschweig. 

but do not count out the defense, there is always appeal possible because , there are still also national courts, and mostly because this about meaning and fundamental questions about the laws of jurisdiction, that could more easily become accepted at such a national court.

also a very different option could be laying down a complaint in sachsen anhalt, that their resident is unlawfully taken in as resident of the state of niedersachsen. 

and you usually have the obligation to seek all possible legal ways in your country, before you can ask a ruling of the european courts, that will be just the next possible level. 

we have it a lot easier, when jurisdiction becomes in dispute, there is a court that will handle all these cases. so it is only 1 step inland and the european court. most times you know of the dispute very early on, and jurisdiction is something you keep a check on, you just ask that court for a decision. 

and because jurisdiction is such a important part in the law. it usually can be a nasty hold up in a case. but getting the case further on, you risk all, because it would become unlawful and you do not want that, because the defense knows what your witnesses expert and commoners had to tell. and nothing can be truly reused to the full extend in the next legally sound trial. so it has all to start from zero again. 

and it is not something you easily can forget, it is one of the first subjects you get in every legal study or training, and it comes back in everything. jurisdiction it the difference between being just the joe average, or a officer of the law, in true single state countries the easy solution is give the full country to have jurisdiction jurisdiction in as an officer of the law. and it is almost always possible to get a court order about legal principles before you put the work in.

 * i choose to use the defense team, cb has at the moment at least 4, but maybe even 5 different lawyers working his cases and other disputes, so it is not only the ff one in tow.

I still get the impression that although there is no time limit for the Investigation phase, someone has lost patience and has told them to get on with the actual Prosecution of these Cases.

apThis would be at least the Preliminary Hearing, if not the Full Court appearance.
IMO

But chances of a trial in connection with the disappearance of Madeleine McCann I rate at absolute zero.

Agreed, but I am beginning to wonder if the 'wider Agenda' was to use all this as some sort of 'Distraction technique' during the Covid lockdown ?

each criminal court cases starts with the first seating in pro forma, it is just a check up if all guidelines and law is followed, if there is a prosecution officer to work the case, and if there is a defense team, or not, that is the moment the judge will ask the suspect in court or defendant, understands that without legal representations he or she could harm the outcome of the trial. 

it is more a formal legal meeting to see if all in the case is ready to take of. 

but it still means the case is officially started. it is the legal starting point of every case. 

also the suspect in court will hear again what is brought against him, and often a repeat of what articles of law will lay the ground under that.

so it is not an opinion, but just as criminal court cases do work. and the hearing can start much later, but is just another part or chapter of the courtcase, not a different one, the same as the verdict is a separate part or chapter, and the punishment can also be done in a separate part or chapter. 
all parts are just together the court case.

and the other questions, did you loose your reading glasses, or have you a broken mouse, because your navigation is a bit off.

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[size=36]EXCLUSIVE: 
[size=36]Netflix and Amazon showdown as they produce rival Madeleine McCann documentaries[/size]
The streaming giants Netflix and Amazon are ploughing millions of pounds into the shows which will delve into the background of Madeleine McCann suspect Christian Brueckner
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[/size]
By
[You must be registered and logged in to see this link.]Senior Reporter

• 20:19, 20 Sep 2023
  
  
• UPDATED21:10, 20 Sep 2023
  
  

Those interviewed include prosecutor Hans Christian Wolters, who is heading the ongoing probe into Brueckner. [You must be registered and logged in to see this link.] landed a worldwide smash-hit in 2019 when the series The Disappearance of Madeleine McCann aired. Now it is set for an unprecedented ratings war with Amazon with their rival Brueckner documentaries


and JON CLARKE ???

Yes, why leave him out? He's just as wrong as the people mentioned.

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Brueckner was named as the key suspect in the disappearance and murder of Madeleine last year, who vanished from her family's holiday apartment in the Algarve resort of Praia da Luz in May 2007 - just a few days before her fourth birthday. But he has still not been charged regarding her abduction and he denies his involvement.

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Cobblers to use the vernacular.

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By Jon clarke (Publisher - with a capital Pee & Editor) - 22nd September 2023  @ 18:37

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Jon Clarke wrote: As well as the abduction and murder of the British toddle in May 2007, he is also due to be charged with five other serious sex crimes.