Author Topic: Wandering Off Topic  (Read 3034156 times)

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Offline Robittybob1

Re: Wandering Off Topic
« Reply #8865 on: November 10, 2020, 06:45:17 PM »
They can't lawfully extradite him. Since 31/01/2020 we left the EU. The German constitution gives the express right to a German citizen that they cannot be extradited to a non EU country

Bold statement - Cite requested for "The German constitution gives the express right to a German citizen that they cannot be extradited to a non EU country".  Please.
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Offline Icanhandlethetruth

Re: Wandering Off Topic
« Reply #8866 on: November 10, 2020, 06:48:07 PM »
Bold statement - Cite requested for "The German constitution gives the express right to a German citizen that they cannot be extradited to a non EU country".  Please.
Extradition to a non-EU country is inadmissible for own nationals. This is regulated in the German Constitution, cf. Article 16.2 sentence 1 of the German Constitution. The German state will then take over the prosecution itself.

https://criminal-law-germany.lawyer/extradition-in-criminal-law/#:~:text=Under%20certain%20conditions%2C%20the%20Federal,foreign%20citizens%20to%20other%20countries.&text=Extradition%20to%20a%20non%2DEU,1%20of%20the%20German%20Constitution.

Offline Miss Taken Identity

Re: Wandering Off Topic
« Reply #8867 on: November 10, 2020, 07:10:49 PM »
Davel is right.  There are circumstances where UK will prosecute for crimes committed overseas.

Only UK citizens if they are the victim and the prep is British.
'Never underestimate the power of stupid people'... George Carlin

Offline Miss Taken Identity

Re: Wandering Off Topic
« Reply #8868 on: November 10, 2020, 07:11:42 PM »
They can't lawfully extradite him. Since 31/01/2020 we left the EU. The German constitution gives the express right to a German citizen that they cannot be extradited to a non EU country

100% correct!
'Never underestimate the power of stupid people'... George Carlin

Offline Mr Gray

Re: Wandering Off Topic
« Reply #8869 on: November 10, 2020, 07:21:31 PM »
Only UK citizens if they are the victim and the prep is British.

that is wrong...its whether the perp is physically present in the UK...nationality unimportant.


Offline Mr Gray

Re: Wandering Off Topic
« Reply #8870 on: November 10, 2020, 07:27:36 PM »
100% correct!
The question was could CB be prosecuted in the UK......the answer is ..yes. I'm not saying probable but possible.

If ever he was released from prison and travelled to another country he may well be able to be extradited..


Offline Mr Gray

Re: Wandering Off Topic
« Reply #8871 on: November 10, 2020, 07:49:04 PM »

Yawn.  No he really, really can't. He committed NO CRIME ON UK SOIL.

Just to put my claim into context...the Uk can prosecute for crimes not committed on UK soil

Offline Miss Taken Identity

Re: Wandering Off Topic
« Reply #8872 on: November 10, 2020, 08:03:33 PM »
that is wrong...its whether the perp is physically present in the UK...nationality unimportant.

 if MBM was abducted by a non British citizen in an other country. UK can't bring charges.

If MBM was abducted here by someone living in this country they would be charged.
'Never underestimate the power of stupid people'... George Carlin

Offline Mr Gray

Re: Wandering Off Topic
« Reply #8873 on: November 10, 2020, 08:06:03 PM »
if MBM was abducted by a non British citizen in an other country. UK can't bring charges.

If MBM was abducted here by someone living in this country they would be charged.

the accused only has to be present in the country..

Offline Miss Taken Identity

Re: Wandering Off Topic
« Reply #8874 on: November 10, 2020, 09:04:04 PM »
the accused only has to be present in the country..


Yes, but CB isn't , is he. So he can't be  charged and tried here. End of.
'Never underestimate the power of stupid people'... George Carlin

Offline Mr Gray

Re: Wandering Off Topic
« Reply #8875 on: November 10, 2020, 09:12:12 PM »

Yes, but CB isn't , is he. So he can't be  charged and tried here. End of.

Glad you agree with me now...he could be extradited

Offline Robittybob1

Re: Wandering Off Topic
« Reply #8876 on: November 11, 2020, 06:52:25 AM »
Glad you agree with me now...he could be extradited
And that would be grounds for another appeal if that happened IMO.
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John has instructed all moderators to take a very strong line with posters who constantly breach the rules of this forum.  This sniping, goading, name calling and other various forms of disruption will cease.

Offline Eleanor

Re: Wandering Off Topic
« Reply #8877 on: November 11, 2020, 09:19:42 AM »

America doesn't seem to have a problem with extraditing British Citizens.  Unfortunately The Americans aren't so keen on a reciprocal arrangement.

France never extradites anyone, if they can possibly avoid it.  But then France didn't join this one.

Offline Robittybob1

Re: Wandering Off Topic
« Reply #8878 on: November 11, 2020, 09:59:11 AM »
America doesn't seem to have a problem with extraditing British Citizens.  Unfortunately The Americans aren't so keen on a reciprocal arrangement.

France never extradites anyone, if they can possibly avoid it.  But then France didn't join this one.
Would that because USA states have the death penalty?
Moderation
John has instructed all moderators to take a very strong line with posters who constantly breach the rules of this forum.  This sniping, goading, name calling and other various forms of disruption will cease.

Offline Eleanor

Re: Wandering Off Topic
« Reply #8879 on: November 11, 2020, 10:40:33 AM »
Would that because USA states have the death penalty?

What?  France you mean?  France didn't join because they were quite happy with what they already had.

Meanwhile, I am still at a loss to fathom who can extradite who and for what in The EU.  Although France might comply when it comes to Rape and Murder.

No one can be extradited from France when whatever it is isn't a crime in France, no matter what their Nationality.  Which is where some crimes of sexual abuse comes in.  The age limits in France are different.

The last man, boy actually, who was guillotined was in about 1966 and from what I read on the subject was almost certainly Innocent.