New German suspect in Madeleine McCann mystery disappearance.

[Eleanor]

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

Well, not really.  He doesn't have the right to convict.  Only to decide if there is a case to answer.

[Mr Gray]

You are blatantly wrong.

'In Germany the prosecution participates in the investigation'

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

its the same in prtugal as weve seen...that does not mean the initial questioning of a suspect is by a judge. As ive pointed out to you a suspect does not even need to answer questions...he has the right to silence.

[Mr Gray]

You are blatantly wrong.

'In Germany the prosecution participates in the investigation'

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

Your quote is part of the description of the Pre trial hearing...the arraignment...its you who is wrong...Judges are not involved in the initial questioning of suspects as you calaim..


Under the inquisitorial procedure, the pretrial hearing for bringing a possible indictment is usually under the control of a judge whose responsibilities include the investigation of all aspects of the case, whether favourable or unfavourable to either the prosecution or defense. Witnesses are heard, and the accused, who is represented by counsel, may also be heard, though he is not required to speak and, if he does, he is not put under oath. In Germany the prosecution participates in the investigation; while in France the prosecution presents its recommendations only at the end of the hearing. In both France and Germany the investigating magistrate will recommend a trial only if he is sure that there is sufficient evidence of guilt. The entire dossier of the pretrial proceedings is made available to the defense.
 

[Eleanor]

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

You are misunderstanding the term Judge d'Instruction.  Blimmin Hell.  I am going to have to search Google for the term in German.  This is seriously not funny.  French to English is bad enough.  French to German could be way beyond my pay grade.

[barrier]

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

Judges play a more active role in criminal proceedings, according to the principle of official investigation (section 244, German Code of Penal Process (Strafprozessordnung)). Judges interrogate the accused, call and interrogate witnesses and examine other evidence.

https://uk.practicallaw.thomsonreuters.com/w-007-7132?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

[Eleanor]

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.

Yes they do.  At least in France.  This is The Inquisitorial System.

[Mr Gray]

You are misunderstanding the term Judge d'Instruction.  Blimmin Hell.  I am going to have to search Google for the term in German.  This is seriously not funny.  French to English is bad enough.  French to German could be way beyond my pay grade.

judge ..magistate ...makes no difference. Please dont tell me im misunderstanding anything...its gertrude who doesnt understand. Questioning of suspects is carried out by police

[barrier]

You are misunderstanding the term Judge d'Instruction. Blimmin Hell.  I am going to have to search Google for the term in German.  This is seriously not funny.  French to English is bad enough.  French to German could be way beyond my pay grade.

Its not even reached a court. I feel your pain.

[Eleanor]

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??

You are absolutely right, Carly.

[Mr Gray]

Judges play a more active role in criminal proceedings, according to the principle of official investigation (section 244, German Code of Penal Process (Strafprozessordnung)). Judges interrogate the accused, call and interrogate witnesses and examine other evidence.

https://uk.practicallaw.thomsonreuters.com/w-007-7132?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1

i totally agree that judges interrogate the accused...at trial or even pretrial...but not the initial questioning.
You are referring to the ACCUSED...i presume thats once someone is charged

[Eleanor]

Your quote is part of the description of the Pre trial hearing...the arraignment...its you who is wrong...Judges are not involved in the initial questioning of suspects as you calaim..


Under the inquisitorial procedure, the pretrial hearing for bringing a possible indictment is usually under the control of a judge whose responsibilities include the investigation of all aspects of the case, whether favourable or unfavourable to either the prosecution or defense. Witnesses are heard, and the accused, who is represented by counsel, may also be heard, though he is not required to speak and, if he does, he is not put under oath. In Germany the prosecution participates in the investigation; while in France the prosecution presents its recommendations only at the end of the hearing. In both France and Germany the investigating magistrate will recommend a trial only if he is sure that there is sufficient evidence of guilt. The entire dossier of the pretrial proceedings is made available to the defense.

This is correct.

[Mr Gray]

Its not even reached a court. I feel your pain.

he hasnt been charged...and thats why no Judge/magistrate will be involved

[Eleanor]

Its not even reached a court. I feel your pain.

I'm off for a Large Gin.  Back soon.  I hope.

[Eleanor]

he hasnt been charged...and thats why no Judge/magistrate will be involved

We know that.  Now you are splitting hairs.

[G-Unit]

judge ..magistate ...makes no difference. Please dont tell me im misunderstanding anything...its gertrude who doesnt understand. Questioning of suspects is carried out by police

The police gather the evidence, but they don't decide if there's a case to prosecute. In England the CPS decide by examining the evidence. In other countries the decision is ultimately taken by a magistrate and in addition to looking at the evidence a hearing is held when the witnesses and accused can be questioned.