New German suspect in Madeleine McCann mystery disappearance.

[Gertrude]

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

I never said they don't have a right to silence, or it was 'every suspect' not sure where you got that from....

If the suspect refuses the 1st questioning  ( by police), the judge at the pre-trial phase can conduct the first questioning.
 Therefore the 1st questioning can occur at the pre-trial stage when the suspect has been charged.
 

[Mr Gray]

We know that.  Now you are splitting hairs.

I'm aafraid you dont seem to understand either...Breukner does not have to answer any questions...the initial questioning is carried out by police

[Eleanor]

Judge d'Instruction, German Translation.  Richterin.

Richterin, English Translation.  Judge.

There appears to be a bit of an anomaly here.  Or something has been lost in translation.  What a surprise.

Off for another Large Gin.

[Mr Gray]

I never said they don't have a right to silence, or it was 'every suspect' not sure where you got that from....

If the suspect refuses the 1st questioning  ( by police), the judge at the pre-trial phase can conduct the first questioning.
 Therefore the 1st questioning can occur at the pre-trial stage when the suspect has been charged.
 

I see you have now corrected yourself...backtracked and moved the goal posts. When will the pre trial phase start seeing as Breukner has not been charged and according to many there is little prospect of atrial

[Eleanor]

I'm aafraid you dont seem to understand either...Breukner does not have to answer any questions...the initial questioning is carried out by police

We know that as well.  At least I think we do.  Do we?

[barrier]

I wonder if in this case,evidence has been presented to a judge and he/she has said yes we have a case but more evidence needs to be gathered.

[Gertrude]

I see you have now corrected yourself...backtracked and moved the goal posts. When will the pre trial phase start seeing as Breukner has not been charged and according to many there is little prospect of atrial

I have never backtracked. The pre-trial phase can still be the suspects first interrogation, I have never said otherwise. You have been insisting the judge can't play a role in the investigation, which I've been trying to show you is wrong.

Speaking of backtracking; this is you a few pages back

''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.'
 
In reality.....

'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]

I see you have now corrected yourself...backtracked and moved the goal posts. When will the pre trial phase start seeing as Breukner has not been charged and according to many there is little prospect of atrial

We don't know that.  It depends on whether or not they have got anything on him, which is looking increasingly unlikely to me.

We had better all start learning German fast, so we can have a punch up over every mistranslated word.

The best thing he can do is to keep his mouth shut and not answer the famous 48 Questions.

[Eleanor]

I wonder if in this case,evidence has been presented to a judge and he/she has said yes we have a case but more evidence needs to be gathered.

This is possible.

[Brietta]

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.

A bit like the the Crown Prosecution Service (CPS) in England and Wales, headed by the Director of Public Prosecutions (DPP) who decides if there is enough evidence to prosecute ???

[Eleanor]

A bit like the the Crown Prosecution Service (CPS) in England and Wales, headed by the Director of Public Prosecutions (DPP) who decides if there is enough evidence to prosecute ???

More like a Magistrates Court, except that English Magistrates don't question The Accused.  And nor do The Crown Prosecution Service.

[Brietta]

More like a Magistrates Court, except that English Magistrates don't question The Accused.  And nor do The Crown Prosecution Service.

Thanks Eleanor.  All this is nipping my head.

What I am appreciating about this is that (a) the newspapers are reporting rubbish ... and (b) their readers are latching onto this and being quite critical about it all.
But most of all the primacy of "Innocent 'till Proven Guilty" has finally been recognised even in relation to a criminal already found guilty of heinous crimes.

What a tragedy all this seems to have been overlooked thirteen years ago and day and daily ever since in relation to innocent people who unlike Herr Bruekner have had their right to the Presumption of Innocence trampled in the dust.

[faithlilly]

Thanks Eleanor.  All this is nipping my head.

What I am appreciating about this is that (a) the newspapers are reporting rubbish ... and (b) their readers are latching onto this and being quite critical about it all.
But most of all the primacy of "Innocent 'till Proven Guilty" has finally been recognised even in relation to a criminal already found guilty of heinous crimes.

What a tragedy all this seems to have been overlooked thirteen years ago and day and daily ever since in relation to innocent people who unlike Herr Bruekner have had their right to the Presumption of Innocence trampled in the dust.

Innocent until proven guilty is a legal construct. Thankfully the law doesn’t stop you from having an opinion.

Genuine question....do you still think the German police have their finger on the pulse of what happened to Madeleine?

[Mr Gray]

We know that as well.  At least I think we do.  Do we?

We know for a fact Breukner does not have to answer any questions

[Mr Gray]

We don't know that.  It depends on whether or not they have got anything on him, which is looking increasingly unlikely to me.

We had better all start learning German fast, so we can have a punch up over every mistranslated word.

The best thing he can do is to keep his mouth shut and not answer the famous 48 Questions.

I said according to many there is little prospect of a trial.. I'm the one who is saying we don't know. 
Breukner had no reason to answer any questions and may simply exercise his right to silence