If Brueckner is Never Charged.

[Holly Goodhead]

Your judgement is of absolutely no importance...the facts are there for all to see. Guilty of a violent rape...appeal on a legal technicality. Many cites alraedy supplied

As I said I'll reserve judgement.

[jassi]

If the appeal goes in his favour, can he be tried again for this crime ?

[Holly Goodhead]

The facts revealed re breukner will certainly have to have affected his view...his view will be based on the  available evidence and the available evidence has changed

He has considered paedophiles and burglars and paedophile/burglars and in his opinion MM was taken by someone to raise as own.  No new evidence has surfaced to alter his views.  CB living in the locale is meaningless given there's nothing that connects him with MM's disappearance.

[Mr Gray]

If the appeal goes in his favour, can he be tried again for this crime ?

I doubt anyone here can give  adefinitive answer but I would think  he could....we will know soon. I would think double jeapordy only applies when found innocent

[Mr Gray]

He has considered paedophiles and burglars and paedophile/burglars and in his opinion MM was taken by someone to raise as own.  No new evidence has surfaced to alter his views.  CB living in the locale is meaningless given there's nothing that connects him with MM's disappearance.

again...do you understand everything you are posting is merely your opinion....and my opinion...which is equally valid...is that you are wrong

[Holly Goodhead]

If the appeal goes in his favour, can he be tried again for this crime ?

No idea but you can bet your life his defence team will be upping their game given all the media coverage.

[Eleanor]

If the appeal goes in his favour, can he be tried again for this crime ?

Perhaps Portugal would like him back.  He would likely get a Suspended Sentence, if they convicted him at all.

[Holly Goodhead]

I doubt anyone here can give  adefinitive answer but I would think  he could....we will know soon. I would think double jeapordy only applies when found innocent

And imo you're wrong too!

[Mr Gray]

And imo you're wrong too!

Thats fair enough....it woiuld be interesting to know what he actually thinks now Breukner is on the scene

[Holly Goodhead]

Perhaps Portugal would like him back.  He would likely get a Suspended Sentence, if they convicted him at all.

It begs the question why he's only being sentenced to 7 years in Germany if what we're being told about the rape is true ie pre-planning and "torture".  The max for rape in Germany is 15 years.  I wonder if the German courts use sentencing guidelines from Portugal given that's where the crime was committed?

[Holly Goodhead]

Thats fair enough....it woiuld be interesting to know what he actually thinks now Breukner is on the scene

Words like 'desperation' and 'fishing expedition' I would think.

[G-Unit]

The guilty verdict for rape is a matter of record...as is the violence used. His appeal is due to a legal techicality re his extradition as to whether Germany had the right to try him....nothing to do with challenging the evidence

It's very unusual for EU countries to extradite people; they tend to use EAW's. If Germany issued an EAW then it would have to mention the crime which he was wanted for. If it wasn't mentioned they were not allowed to proceed against him;

In general, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to the surrender other than that for which the person was surrendered. This is the rule of speciality, set out in Article 27 of the Framework Decision on EAW.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52017XC1006%2802%29

I found this;

He is appealing the conviction while he is in jail for a drug trafficking conviction arguing that his extradition was unlawful as it was for the drug conviction and not the rape conviction.
https://www.dailymail.co.uk/news/article-8395677/Italian-police-set-trap-Madeleine-McCann-suspect-Christian-Brueckner.html

[Mr Gray]

Words like 'desperation' and 'fishing expedition' I would think.

words like....that changes everything..I would think

[Holly Goodhead]

words like....that changes everything..I would think

What changes are you referring to?

[Mr Gray]

It's very unusual for EU countries to extradite people; they tend to use EAW's. If Germany issued an EAW then it would have to mention the crime which he was wanted for. If it wasn't mentioned they were not allowed to proceed against him;

In general, a person surrendered may not be prosecuted, sentenced or otherwise deprived of his or her liberty for an offence committed prior to the surrender other than that for which the person was surrendered. This is the rule of speciality, set out in Article 27 of the Framework Decision on EAW.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52017XC1006%2802%29

I found this;

He is appealing the conviction while he is in jail for a drug trafficking conviction arguing that his extradition was unlawful as it was for the drug conviction and not the rape conviction.
https://www.dailymail.co.uk/news/article-8395677/Italian-police-set-trap-Madeleine-McCann-suspect-Christian-Brueckner.html

i think it may well ahve been an EAW......and thats his reason for appeal...which may well be succesful. what happens then remains to be seen. What cannot be denied is he was found guilty of a violent rape