If Brueckner is Never Charged.

[Mr Gray]

What changes are you referring to?

The identification of Breukner as a suspect...and all the facts surrounding that suspicion

[Eleanor]

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?

I don't know.  But I do think that Germany dropped a clanger.  Perhaps The ECHR will offer a solution....  ie this is the responsibility of Portugal where The Crime was committed.

[Holly Goodhead]

The identification of Breukner as a suspect...and all the facts surrounding that suspicion

What connects CB to MM's disappearance? 

[Vertigo Swirl]

What connects CB to MM's disappearance?

Why do you ask when you know full well that you will pooh-pooh any attempt to reiterate the connections?

[Mr Gray]

What connects CB to MM's disappearance?

theres actually quite alot...its all in the public domain and everyone on the forum is aware of it.I dont want to spend the whole day arguing about it though...it took almost a whole day to convince you of the simple fact hed been found guilty of rape.

[Holly Goodhead]

Why do you ask when you know full well that you will pooh-pooh any attempt to reiterate the connections?

If there was anything substantive he would be charged.

[Holly Goodhead]

theres actually quite alot...its all in the public domain and everyone on the forum is aware of it.I dont want to spend the whole day arguing about it though...it took almost a whole day to convince you of the simple fact hed been found guilty of rape.

If there was anything substantive he would be charged and the rape sentence is yet to be imposed.

[Mr Gray]

If there was anything substantive he would be charged and the rape sentence is yet to be imposed.

They cant impose the rape sentence due to a legal technicality which everyone seems to be aware of but he was found guilty

there is no urgency to charge as the police have anounced. Once more some opinion as fact

[Eleanor]

If there was anything substantive he would be charged and the rape sentence is yet to be imposed.

He's in prison where he ought to be.  They can argue until the cows come home for me.  But I wouldn't like to be him if they have to let him out.

And No,  I have no thoughts on him being responsible for the abduction of Madeleine McCann.

[Holly Goodhead]

They cant impose the rape sentence due to a legal technicality which everyone seems to be aware of but he was found guilty

The Ciprianos were found guilty but you don't believe them to be.

there is no urgency to charge as the police have anounced. Once more some opinion as fact

I thought the authorities had admitted there's currently a lack of evidence to charge?

From the MET:

“While this male is a suspect we retain an open mind as to his involvement and this remains a missing person inquiry.

[Mr Gray]

The Ciprianos were found guilty but you don't believe them to be.

I thought the authorities had admitted there's currently a lack of evidence to charge?

From the MET:

“While this male is a suspect we retain an open mind as to his involvement and this remains a missing person inquiry.

In each case I look at the evidence...cipriano...no evidence
Breukner... evidence
If you think he's not involved that's up to you..others have other opinions and they are perfectly valid

[Eleanor]

They cant impose the rape sentence due to a legal technicality which everyone seems to be aware of but he was found guilty

there is no urgency to charge as the police have anounced. Once more some opinion as fact

The Germans have got him for another six months, but I don't think Portugal wants him.  Portugal could argue that his Rape Conviction in Germany has breached his Human Rights making a Fair Trial impossible.

Just as a matter of interest, does Germany have the right to try him for The Madeleine McCann Abduction since that also would have happened in Portugal?  Personally, I think not even if The Germans do find enough evidence.

Mind you, Portugal could apply for Extradition on that one, I think.

Oh Dear Oh Dear, what a laugh.  If only it were funny.

[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

There are exceptions to the rule of speciality and if you think about there has to be.
Imagine a suspect with an EAW in jail then six months later evidence of a serious crime comes to light. There had to be a provision to charge and try for a further offence

[Eleanor]

The Ciprianos were found guilty but you don't believe them to be.

I thought the authorities had admitted there's currently a lack of evidence to charge?

From the MET:

“While this male is a suspect we retain an open mind as to his involvement and this remains a missing person inquiry.

This is a Brueckner Thread and nothing to do with Leonor Cipriano.

[Mr Gray]

The Germans have got him for another six months, but I don't think Portugal wants him.  Portugal could argue that his Rape Conviction in Germany has breached his Human Rights making a Fair Trial impossible.

Just as a matter of interest, does Germany have the right to try him for The Madeleine McCann Abduction since that also would have happened in Portugal?  Personally, I think not even if The Germans do find enough evidence.

Mind you, Portugal could apply for Extradition on that one, I think.

Oh Dear Oh Dear, what a laugh.  If only it were funny.

Germany has the right to try him for the Maddie case ...I'm sure but can't be bothered to find where I read it so can't provide a cite