New German suspect in Madeleine McCann mystery disappearance.

[jassi]

IF he was convicted & sentenced for the lesser crime of abduction (in the absence of a body), could he later face a second trial if the body later turned up ?

[Eleanor]

you have supplied nothing to show the judge would question the suspect.

Gertrude is basically not wrong.

In France this person is called a Judge d'Instruction.  ie, an Examining Magistrate.  I don't know what the title is in Germany.  He decides if the case will go to trial.

[Gertrude]

I think you are getting a lot wrong. There is a difference between being questioned as a witness or a suspect. this is a basic principle in law as i've explained....its you who doesnt understand.

This part in red seems similar to the UK. The police can request you attend for questioning ...you are not forced to attend. A judge may issue a warrant for your arrest...that doesnt mean the judge will carry out the questioning.

You have accused me of not understanding... I would say its you who doesnt understand.....you dont seem to understand the difference between a witness and a suspect

 No really you don't understand.  He has the same right to refuse the police questioning as a witness. They could both be summoned by a judge and questioned by that judge after that. There are different stages of 'suspect' in Germany, he is not yet 'accused'.

 I see you didn't answer 'who sits in a court'.    Simple question you wish to ignore.




'(1) The accused shall be summoned in writing to the examination.

(2) The summons may include a warning that the accused will be brought before the court in the case of non-compliance.

table of contents

Section 134
Appearance before judge''

Please answer, who sits in a court? There's a clue just above this sentence.

[Eleanor]

I dont recall anyone in the McCann case being questioned by a judge..

It never got that far.

[Mr Gray]

Gertrude is basically not wrong.

In France this person is called a Judge d'Instruction.  ie, an Examining Magistrate.  I don't know what the title is in Germany.  He decides if the case will go to trial.

I think gertrude is wrong. The system seems the same as in portugal.....the Judge examines the evidence and decides if it goes to trail but does not get involved in building the case...and questioning witnesses and suspects. That is the job of the police

[barrier]

Gertrude is basically not wrong.

In France this person is called a Judge d'Instruction.  ie, an Examining Magistrate.  I don't know what the title is in Germany.  He decides if the case will go to trial.

Blooming eck, I'm liking one of your post's.

[Gertrude]

Gertrude is basically not wrong.

In France this person is called a Judge d'Instruction.  ie, an Examining Magistrate.  I don't know what the title is in Germany.  He decides if the case will go to trial.

Thank you Eleanor, we could quibble over the German term but it would still be 'a judge' in a court.

[Mr Gray]

It never got that far.

the police questioned hundreds of people...the judge questioned none. as i've pointed out a judge would only get involved some way down the line at an arraignment...NOT initial questioning. Gertrude is absolutely wrong imo

[Mr Gray]

Thank you Eleanor, we could quibble over the German term but it would still be 'a judge' in a court.

You are also wrong if you think Eleanor is the Judge of who is right or wrong in this discussion.

[Eleanor]

Thank you Eleanor, we could quibble over the German term but it would still be 'a judge' in a court.

It's the word Judge that is the problem, at least in French.  It's not the same as a British term Judge.

[Mr Gray]

It's the word Judge that is the problem, at least in French.  It's not the same as a British term Judge.

its not the word...its the principle that gertrude is wrong on..imo...judges...magistrates...do not get involved in the inital questioning of suspects and witnesses.

[Gertrude]

I think gertrude is wrong. The system seems the same as in portugal.....the Judge examines the evidence and decides if it goes to trail but does not get involved in building the case...and questioning witnesses and suspects. That is the job of the police

You are blatantly wrong.

'In Germany the prosecution participates in the investigation'

https://www.britannica.com/topic/inquisitorial-procedure

[Eleanor]

Blooming eck, I'm liking one of your post's.

Thank you.  Just stating facts as I understand them.

And goodness me, I have seen some shenanigans in France re Judges d'Instruction.  One of them made a right cock up by ignoring the fact that The Accuser was as mad as a box of frogs with proven mental health issues.

[carlymichelle]

mcann supporters are always saying there is no evidence the mcanns are guilty in this case there is no evidence this man hurt/killed maddie  is there??

[Mr Gray]

The  idea that every suspect who fails to attend for  a voluntary interview is brought before a court to be questioned by the court is totally ridiculous. Furthermore...no suspect can be forced to answer questions...its part of the ECHR