Author Topic: German court rules prosecutor no jurisdiction in Madeleine McCann case.  (Read 33816 times)

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Offline Mr Gray

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #75 on: April 22, 2023, 07:37:38 PM »
According to Bild, Fülscher first questioned Braunschweig's jurisdiction in September 2022, so it's not a recent move.
https://www.bild.de/news/inland/news-inland/prozess-geplatzt-kommt-der-maddie-verdaechtige-bald-frei-83639416.bild.html

It is the prosecutors, not the police who direct the gathering of evidence and it's the prosecutors who charge people. If the jurisdiction changes the evidence will be packed up by Braunschweig prosecutors and handed to the prosecutors in the new area.
However, due to their superior amount of personnel, training and experience, the police conduct the vast majority of criminal investigations on their own. Cases are normally only turned over to the prosecutor's office when they are considered to have been solved or all leads have gone cold. A prosecutor is usually only involved from the very beginning in homicide or serious white-collar crime cases. Police also contact prosecutors at an early stage when significant publicity is expected or they need help gaining a judicial arrest or search warrant etc., or when the Ermittlungsrichter is to interrogate a witness.

Offline Mr Gray

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #76 on: April 22, 2023, 08:08:32 PM »
However, due to their superior amount of personnel, training and experience, the police conduct the vast majority of criminal investigations on their own. Cases are normally only turned over to the prosecutor's office when they are considered to have been solved or all leads have gone cold. A prosecutor is usually only involved from the very beginning in homicide or serious white-collar crime cases. Police also contact prosecutors at an early stage when significant publicity is expected or they need help gaining a judicial arrest or search warrant etc., or when the Ermittlungsrichter is to interrogate a witness.

Gunit is trying very hard to show Wolters has invesigated without the help of the BKA when in reality it's clear it's a joint effort

Offline Eleanor

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #77 on: April 22, 2023, 08:43:09 PM »
Gunit is trying very hard to show Wolters has invesigated without the help of the BKA when in reality it's clear it's a joint effort

Hardly likely that Wolters would do it all on his own.

Offline Vertigo Swirl

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #78 on: April 22, 2023, 08:59:43 PM »
Does that happen?
I doubt it, however you are always at pains to mention that the German police have said nothing about the investigation- why do you think that might be significant?
"You can't reason with the unreasonable".

Offline G-Unit

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #79 on: April 22, 2023, 09:08:35 PM »
Gunit is trying very hard to show Wolters has invesigated without the help of the BKA when in reality it's clear it's a joint effort



A lot of people seem to think the BKA are in charge, but, as you say, the investigation has involved different organisations. The Braunschweig state police, the BKA and the warehouse was investigated by yet another force in 2016. Nevertheless the Braunschweig prosecutor's office has been prominent since at least 2020, and has been responsible for all updates. They are not merely responsible for bringing charges.
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Offline Mr Gray

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #80 on: April 23, 2023, 09:42:55 AM »


A lot of people seem to think the BKA are in charge, but, as you say, the investigation has involved different organisations. The Braunschweig state police, the BKA and the warehouse was investigated by yet another force in 2016. Nevertheless the Braunschweig prosecutor's office has been prominent since at least 2020, and has been responsible for all updates. They are not merely responsible for bringing charges.

No one has said the BKA are in charge....you need to get your facts right

Offline G-Unit

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #81 on: April 23, 2023, 10:45:37 AM »
No one has said the BKA are in charge....you need to get your facts right

Good. We can acknowledge that the prosecutor's office were clearly involved in the investigation too.
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Offline Mr Gray

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #82 on: April 23, 2023, 10:59:45 AM »
Good. We can acknowledge that the prosecutor's office were clearly involved in the investigation too.

What has been said and you've tried to deny is that Wolters speaks for the whole investigation.,.and the link you posted confirms this
« Last Edit: April 23, 2023, 11:53:17 AM by Mr Gray »

Offline Wonderfulspam

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #83 on: April 23, 2023, 11:40:31 AM »

What been said and you've tried to deny is that Wolters speaks for the whole investigation.,.and the link you posted confirms this

He's not saying a lot at the moment. Maybe we'll get an exciting new update May 3rd.
Christian Brueckner Fan Club

Offline G-Unit

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #84 on: April 23, 2023, 02:58:00 PM »

What has been said and you've tried to deny is that Wolters speaks for the whole investigation.,.and the link you posted confirms this

Somehow you've managed to get the wrong end of the stick. At no point have I suggested that Wolters didn't speak for the whole investigation, quite the reverse. Read my posts; I am objecting to the suggestions that it has been driven purely by the BKA and that prosecutors only get involved when asked to decide whether to charge or not.
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Offline Brietta

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #85 on: April 23, 2023, 03:38:35 PM »
Somehow you've managed to get the wrong end of the stick. At no point have I suggested that Wolters didn't speak for the whole investigation, quite the reverse. Read my posts; I am objecting to the suggestions that it has been driven purely by the BKA and that prosecutors only get involved when asked to decide whether to charge or not.

The German federal system is very different from ours and I don't think any definite argument is appropriate if a proper study hasn't been conducted allowing a modicum of understanding.
Nothing is cut and dried.

I don't think Google or Bild does the trick, really.

I believe that German prosecutors have to look at both sides of the argument.  But ultimately that happens in Britain too as insufficient evidence = no charges and no prosecution.  So the same but different.

As far as I know neither are German prosecutors truly independent.  They are expected to report back to and take instruction from the relevant political minister.

The nuances are very different between our system, the Portuguese and the German.  One size doesn't fir all.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Vertigo Swirl

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #86 on: April 23, 2023, 05:02:07 PM »
Somehow you've managed to get the wrong end of the stick. At no point have I suggested that Wolters didn't speak for the whole investigation, quite the reverse. Read my posts; I am objecting to the suggestions that it has been driven purely by the BKA and that prosecutors only get involved when asked to decide whether to charge or not.
Why are you so keen to make the point that the BKA haven’t said anything publicly then?  So what, if HCW speaks on their behalf?
"You can't reason with the unreasonable".

Offline G-Unit

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #87 on: April 23, 2023, 05:40:08 PM »
Why are you so keen to make the point that the BKA haven’t said anything publicly then?  So what, if HCW speaks on their behalf?

Why not?
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Offline Mr Gray

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #88 on: April 23, 2023, 06:02:36 PM »
Why not?

Wolters is speaking for the investigation
I would think the concrete evidence was found by the police. ...not the prosecutor.


Offline Vertigo Swirl

Re: German court rules prosecutor no jurisdiction in Madeleine McCann case.
« Reply #89 on: April 23, 2023, 06:12:14 PM »
Why not?
Because it seems pointless and petty and nitpicking.

In any case you are wrong to say the BKA has never commented

“Christian Hoppe, of Germany’s Federal Criminal Police Office (BKA), told the country’s ZDF television channel earlier today that police have not ruled out a sexual motive for the alleged crime against Madeleine.

He added that it is possible the suspect may have broken into an apartment in the Ocean Club complex in Praia da Luz – where Madeleine was on holiday with her parents, Kate and Gerry McCann, and her twin siblings Sean and Amelie – before kidnapping her.”
« Last Edit: April 23, 2023, 06:26:17 PM by Venturi Swirl »
"You can't reason with the unreasonable".