https://www.theolivepress.es/spain-news/2022/04/22/exclusive-italy-link-could-see-german-suspect-in-madeleine-mccann-case-formally-charged/GERMAN police have to get permission in Italy before charging Madeleine McCann suspect Christian Brueckner, the Olive Press has learnt.
The bureaucratic procedure came as they asked the Portuguese police to make Breuckner, 44, an official suspect – a legal term known as an ‘arguido’ in Portugal.
BKA prosecutors in Braunschweig have also informed the German suspect’s lawyer of the process to prosecute him for the disappearance of the British three-year-old, while on holiday in Praia da Luz, on the Algarve in 2007.
They are expecting to formally charge him in the summer, alongside three other cases, the Olive Press can reveal.
This includes the violent rape of Irish 20-year-old Hazel Behan and two other charges of child molestation, one on a beach just a month before Maddie went missing on May 3, 2007.
But before they can issue any charges they need to re-issue official extradition papers from Italy, where he was last arrested in September 2018.
“It is a bureaucratic nightmare and a slow and laborious process,” a German BKA source told the Olive Press on Friday morning.
“But thankfully the paperwork process has begun and the details of the case have been sent to his lawyer.”
He added: “It is a complicated procedure as due to EU rules they have to go via Italy, which was the last place he was a free man.
“They know if they don’t do it the correct way his lawyer will create more problems and slow things up as he has before. He would definitely play the Italy card.
“They are in the hands of the Italian police now, but are not expecting there to be a problem.”
The main reason to make him an official suspect in Portugal is because from next month the statute of limitations of 15 years for murder cases there comes to an end.
The BKA source added: “It is merely a procedural issue at this stage and doesn’t have much meaning. We are not expecting him to be charged until August. And it will be in Germany.
“There is no way that despite making him a suspect in Portugal he will be handed over to the police there. He is a German suspect and in a German prison. He will be tried here.”
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Just last week I can remember reading that German police didn't need any permission from Italy before they could charge Brueckner so I'm not sure what's true.
The move from Portugal seems to have almost blindsided the Germans. If, as the Daily Mail reported, Portugal has already sent an extradition request to Germany, that surely must have been accompanied by an EAW and there are short time limits during which Germany need to act accordingly. An EAW is only issued when a judicial authority has strong grounds for prosecution. Is Portugal trying to undermine the German process or, by facilitating the extension of the Statute of Limitations, making it possible for others in Portugal, who may have been involved in conspiracy to murder, to also be charged?
https://e-justice.europa.eu/90/EN/european_arrest_warrant#:~:text=The%20European%20arrest%20warrant%20(%22EAW,entire%20territory%20of%20the%20EU.