Author Topic: New German suspect in Madeleine McCann mystery disappearance.  (Read 2303246 times)

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Offline Eleanor

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2460 on: June 17, 2020, 07:29:34 PM »
It is clear if you understand some of the German legal system and how they open investigations.

Is this the difference between Adversarial and Inquisitorial?  I never can remember the difference.

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2461 on: June 17, 2020, 07:35:23 PM »
Is this the difference between Adversarial and Inquisitorial?  I never can remember the difference.

It is Inquisitorial, as in a judge would interrogate...but this is the point I've been trying to make;

'“The degree of suspicion needed to open an investigation (Anfangsverdacht) based on ascertainable facts is not very high, though; it need only make it appear possible that, according to criminal experience, an offence may have been committed.

Excerpt From: Bohlander, Michael. “Principles of German Criminal Procedure.”

Based on this and what he has said ( for me at least) it confirms the Prosecutor, based on experience believes it possible the crime has been committed. The UK press don't understand that and have jumped on the word 'concrete' thinking it means he has a piece of concrete evidence.

Offline Mr Gray

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2462 on: June 17, 2020, 07:38:40 PM »
It is clear if you understand some of the German legal system and how they open investigations.

What is not clear is what is a concrete suspicion.. I can only think it's a suspicion based on evidence.  You may have convinced yourself you make sense but your inability to explain what a concrete suspicion is tells me you that you don't make sense

Offline faithlilly

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2463 on: June 17, 2020, 07:38:47 PM »
It is Inquisitorial, as in a judge would interrogate...but this is the point I've been trying to make;

'“The degree of suspicion needed to open an investigation (Anfangsverdacht) based on ascertainable facts is not very high, though; it need only make it appear possible that, according to criminal experience, an offence may have been committed.

Excerpt From: Bohlander, Michael. “Principles of German Criminal Procedure.”

Based on this and what he has said ( for me at least) it confirms the Prosecutor, based on experience believes it possible the crime has been committed. The UK press don't understand that and have jumped on the word 'concrete' thinking it means he has a piece of concrete evidence.

It is good to see that a policeman’s instinct is valued in Germany.
Brietta posted on 10/04/2022 “But whether or not that is the reason behind the delay I am certain that Brueckner's trial is going to take place.”

Let’s count the months, shall we?

Offline Eleanor

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2464 on: June 17, 2020, 07:43:41 PM »
It is Inquisitorial, as in a judge would interrogate...but this is the point I've been trying to make;

'“The degree of suspicion needed to open an investigation (Anfangsverdacht) based on ascertainable facts is not very high, though; it need only make it appear possible that, according to criminal experience, an offence may have been committed.

Excerpt From: Bohlander, Michael. “Principles of German Criminal Procedure.”

Based on this and what he has said ( for me at least) it confirms the Prosecutor, based on experience believes it possible the crime has been committed. The UK press don't understand that and have jumped on the word 'concrete' thinking it means he has a piece of concrete evidence.

Thanks.

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2465 on: June 17, 2020, 07:44:56 PM »
What is not clear is what is a concrete suspicion.. I can only think it's a suspicion based on evidence.  You may have convinced yourself you make sense but your inability to explain what a concrete suspicion is tells me you that you don't make sense

 I don't make sense to you Davel because you don't want it to make sense IMO.

I've quoted a legal source that says '“to open an investigation....it need only make it appear possible that, according to criminal experience, an offence may have been committed.”

The Prosecutor can base his 'suspicion' on experience. That's a legal fact.

Offline Mr Gray

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2466 on: June 17, 2020, 07:55:38 PM »
I don't make sense to you Davel because you don't want it to make sense IMO.

I've quoted a legal source that says '“to open an investigation....it need only make it appear possible that, according to criminal experience, an offence may have been committed.”

The Prosecutor can base his 'suspicion' on experience. That's a legal fact.

The fact did not take away from the fact that he doesn't refer to it as a suspicion but a concrete suspicion.
Another fact is you have no right to tell me why I don't accept something... Another mistake by you... Take note
« Last Edit: June 17, 2020, 08:00:36 PM by Davel »

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2467 on: June 17, 2020, 08:00:01 PM »
The fact died not take away from the fact that he doesn't refer to it as a suspicion but a concrete suspicion.
Another fact is you have no right to tell me why I don't accept something... Another mistake by you... Take note

I said IMO. I am entitled to an opinion, please take note of that.

Offline Mr Gray

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2468 on: June 17, 2020, 08:02:58 PM »
I said IMO. I am entitled to an opinion, please take note of that.

And i think you are jumping to conclusions without enough evidence to support your conclusions.
« Last Edit: June 17, 2020, 08:09:33 PM by Davel »

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2469 on: June 17, 2020, 08:06:53 PM »
And i thuink you are jumping to conclusions without enough evidence to support your conclusions.

A few days ago more than one member on here had some very strong opinions on me misreading an article and making a mistake. I was told I had done it to mislead. apparently it's fine for people to have an opinion about such things.

Offline barrier

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2470 on: June 17, 2020, 08:15:59 PM »
A few days ago more than one member on here had some very strong opinions on me misreading an article and making a mistake. I was told I had done it to mislead. apparently it's fine for people to have an opinion about such things.

You'll learn who to engage with,it'll make your experience here more enjoyable.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline Mr Gray

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2471 on: June 17, 2020, 08:19:39 PM »
I don't make sense to you Davel because you don't want it to make sense IMO.

I've quoted a legal source that says '“to open an investigation....it need only make it appear possible that, according to criminal experience, an offence may have been committed.”

The Prosecutor can base his 'suspicion' on experience. That's a legal fact.

What you haven't shown is that this is the situation in this case.

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2472 on: June 17, 2020, 08:29:38 PM »
What you haven't shown is that this is the situation in this case.

I'm saying it's likely based on what the prosecutor has said and German law.

Offline Mr Gray

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2473 on: June 17, 2020, 08:35:29 PM »
I'm saying it's likely based on what the prosecutor has said and German law.

it's likely in your opinion. You seem to want to believe that the germans have absolutely no evidence.  A concrete suspicion sounds like a suspicion based on evidence to me

Offline Gertrude

Re: New German suspect in Madeleine McCann mystery disappearance.
« Reply #2474 on: June 17, 2020, 08:46:36 PM »
it's likely in your opinion. You seem to want to believe that the germans have absolutely no evidence.  A concrete suspicion sounds like a suspicion based on evidence to me

I don't believe they have 'absolutely no evidence'. I quoted a legal source that says the threshold can be low there's a difference. Our media seem to believe the threshold must be higher to open a murder investigation which is not so in Germany. This has resulted IMO, in our media inventing claims of 'concrete evidence'.