He would be charged in Germany. The case is now out of the hands of Portugal and their incompetence.
Proving that it is possible to charge someone for a crime in a country where the crime wasn't committed.
Brueckner has already been convicted in Germany for a crime he committed in Portugal.
If the case was out of the hands of the Portuguese then there would have been no legal requirement for them to have made CB an arguido at a minute before midnight. According to Portuguese law, the Statute of Limitations can only be extended if there is a reasonable prospect of the arguido being charged.
CB was charged in Germany, as a German citizen, for crimes he had committed in Portugal because a)he'd never been charged in Portugal in respect of any of those crimes & b)the Statute of Limitations in Portugal for those crimes had passed by the time he'd been identified as the probable offender.
Where Madeleine's case is concerned, he's the suspect/accused in 2 parallel investigations but hasn't yet been charged by either authority. Both authorities will need to apply to Italy for an EAW if they wish to bring charges in Madeleine#s case, since Italy is the last place he was a free man before his incarceration in Germany (for crimes in Germany). IMO this is how the "dirty tricks brigade" will attempt to undermine the BKA investigation and unfortunately I foresee a situation in which it may ultimately result in ECJ deciding which country CB should be tried in, notwithstanding Portugal's right to try him in absentia. CB also has the right to consent to be charged in Portugal rather than Germany. It's important to remember an EAW cannot be authorised in a case where a person has already been tried in another country for the same crime.