Germany/Portugal - Christian Brueckner, 27 @ time of 1st crime (2004), charged with sexual assault crimes, Praia de Rocha, Portugal. #2

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BRAUNSCHWEIG HIGHER LOCAL COURT – September 19, 2023
In response to the public prosecutor's complaint, the 1st Criminal Senate has, with today's decision, overturned the decision of the Braunschweig Regional Court in the case 2 KLs 213 Js 52790/18. The regional court wrongly declared itself incompetent. Rather, the Braunschweig Regional Court has local jurisdiction over the charges and has to decide whether to open the proceedings. At the same time, the Senate reinstated the arrest warrant of November 18, 2022, which was revoked by the regional court in this context.

The local jurisdiction depends on the last domestic residence of the accused. According to the 1st Criminal Senate in its justification, this was established in Braunschweig on the basis of a large number of different indicators and evidence - in particular previous statements made by the accused. Contrary to the statements of the regional court and the accused, there was no sufficient evidence of a residence in Saxony-Anhalt.

The decision was made in the so-called interim proceedings and thus before the main proceedings were opened, which is why no further information on the allegations will be provided. Furthermore, the presumption of innocence must be taken into account, according to which every person accused of a crime is presumed innocent until proven guilty by law.
 

Sept. 19, 2023
Translation (by Davieson)

BRAUNSCHWEIG HIGHER LOCAL COURT – September 19, 2023
In response to the public prosecutor's complaint, the 1st Criminal Senate has, with today's decision, overturned the decision of the Braunschweig Regional Court in the case 2 KLs 213 Js 52790/18. The regional court wrongly declared itself incompetent. Rather, the Braunschweig Regional Court has local jurisdiction over the charges and has to decide whether to open the proceedings. At the same time, the Senate reinstated the arrest warrant of November 18, 2022, which was revoked by the regional court in this context.

The local jurisdiction depends on the last domestic residence of the accused. According to the 1st Criminal Senate in its justification, this was established in Braunschweig on the basis of a large number of different indicators and evidence - in particular previous statements made by the accused. Contrary to the statements of the regional court and the accused, there was no sufficient evidence of a residence in Saxony-Anhalt.

The decision was made in the so-called interim proceedings and thus before the main proceedings were opened, which is why no further information on the allegations will be provided. Furthermore, the presumption of innocence must be taken into account, according to which every person accused of a crime is presumed innocent until proven guilty by law.


Previous discussions were on this link:
 
Pending:
*Charged on October 11, 2022 & arrest warrant reinstated 11/18/22 – (@ am CET) – Germany/Portugal - Hazel Behan (20 @ time/now 39) (in her home, June 16, 2004, Praia de Rocha on the Algarve coast, 10 miles from Praia de Luz, Portimao, Portugal) - *Christian Stefan Brückner (Bruekner) (27 @ time of 1st crime (2004)/45/now 46) charged (Oct. 11, 2022) with sexual assault (suspect held a knife & brutally raped her. The accused then tied & gagged the woman to a table & raped her again. He then whipped the victim on the back with a whip he had brought with him & finally forcibly performed oral sex with the victim. The accused filmed large parts of the events with a video camera he had brought with him). Braunschweig Regional District Court Case
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - a 14 year old teenager (assaulted/hit the naked girl with a whip. Said to have brutally forced the girl to have oral sex. The accused also videotaped this act). Took place between Dec. 28, 2000 to April 8, 2006 on the Praia da Luz, Algarve coast, Portugal.
Germany/Portugal - *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - an elderly woman 70-80 yrs old (tied up & raped the victim in her holiday apt. He then hit the victim several times with a whip. The accused is said to have recorded the entire event with a video camera). Took place around the same time (between Dec. 28, 2000 to April 8, 2006) on the Praia de Luz, Algarve coast, Portugal.
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - 10 year old German girl (Joana.E) (wearing only shoes & otherwise naked. He grabbed the child's wrist & began to perform masturbation movements on his naked penis). On Salema (Zalema) beach, near Praia de Luz, Portugal, April 7, 2007).
Germany/Portugal – *Charged (Oct. 11, 2022) & arrest warrant reinstated 11/18/22 - 11 year old Portuguese girl (pulled down his trousers & underpants & made masturbation movements on his naked penis in order to sexually arouse himself, until the frightened girl ran to her father for help. The suspect was arrested on the spot by the Portuguese police). Exposed himself in playpark, São Bartolomeu de Messines, June 11, 2017).
Brueckner is currently serving a 7 year sentence for the 2005 rape on a pensioner. While he is still the main suspect in Madeleine case, these above cases will be tried first & he will be charged with Madeleine later.
*Will be Charged later (maybe) (@ am CET) – Germany/Portugal – Madeleine Beth McCann (3) (May 3, 2007, disappeared from hotel room while sleeping with her younger twin siblings, while parents ate at restaurant near the Mark Warner Ocean Summer Club in Praia da Luz; not found) - *Christian Stefan Brückner (Brueckner) (30 @ time of crime/43/now 46) named suspect on Sept. 17, 2020.
7/5/22: The British investigation into the disappearance of Madeleine McCann is being continued for another year by the Metropolitan Police. This funding runs until March 2023. Regular reviews between the MPS & the Home Office continue to take place throughout the year. Operation Grange remains open at this present time.
Oct. 11, 2022 Update: Specifically, the accused is charged with three acts of serious rape & two acts of sexual abuse of children, specifically:
1. On June 16, 2004 at around 3:00am, the accused in Praia da Rocha in Portugal is said to have gained access to the apartment of a then 20-year-old woman (Behan) from Ireland via the balcony. The sleeping woman was then awakened by the masked suspect holding a knife & brutally raped. The accused then tied & gagged the woman to a table & raped her again. He then whipped the victim on the back with a whip he had brought with him & finally forcibly performed oral sex with the victim. The accused filmed large parts of the events with a video camera he had brought with him. While the accused later fled over the balcony, the victim managed to free herself & crying to ask for help.
2. On another day between December 28, 2000 & April 8, 2006, which can no longer be precisely determined, the accused allegedly assaulted an unknown, German-speaking girl aged at least 14 naked in the house he lived in in Praia da Luz in Portugal tied to a wooden pole in the living room. First he hit the naked girl with a whip. The accused is said to have brutally forced the girl to have oral sex. The accused also videotaped this act.
3. At a point in time that cannot be determined more precisely between December 28, 2000 & April 8, 2006, surprising an unknown 70-80 year old woman in her bedroom in her holiday apartment in Portugal. Then the masked suspect is said to have tied up & raped the victim. He then hit the victim several times with a whip. The accused is said to have recorded the entire event with a video camera.
4. On April 7, 2007 at around 3:30pm, the accused is said to have ambushed a 10-year-old German girl who was playing on the rocks behind a hole on a section of beach in Salema in the district of Faro in Portugal, wearing only shoes & otherwise naked. He grabbed the child's wrist & began to perform masturbation movements on his naked penis. He asked the girl with a grin to look at his naked genitals & the masturbation movements he was making in order to sexually arouse himself. After the accused had ejaculated, he let go of the girl & fled.
5. On June 11, 2017, in the early hours of the morning at around 2am during the so-called snail festival on a playground in Bartolomeu de Messines in Portugal, the accused made eye contact with an 11-year-old Portuguese girl who was on the swings of the playground there have sat. Then, while constantly eyeing the child, the accused pulled down his trousers & underpants & made masturbation movements on his naked penis in order to sexually arouse himself, until the frightened girl ran to her father for help. The suspect was arrested on the spot by the Portuguese police. On the basis of the indictment, an arrest warrant was also requested because the public prosecutor's office believed that there was an urgent suspicion of a crime. There is also a risk of escape and repetition.

Brueckner info from June 1, 2020 thru May. 25, 2023 reference post #7 here:
https://www.websleuths.com/forums/...man-prisoner-identified-as-suspect-36.680100/

May 31, 2023 Update: Detectives from the Federal Criminal Police (BKA), Germany’s equivalent of the FBI, spent days searching land next to the Arade Dam last week. They used sniffer dogs, radar & search teams to scour the location just 31 miles from where three-year-old Maddie vanished in 2007. After the dig cops left behind two-foot deep bore holes & it is believed the soil they recovered from them is being forensically analysed in Germany. The results could be revealed as soon as Thursday. It still remains unclear as to exactly why investigators decided to search the land near the dam so thoroughly. Police teams were seen methodically chopping down trees & hacking away at undergrowth to expose an area just a short distance from the water. Portuguese sources point to an informant giving police a specific tip-off that Brueckner visited the site just days after Maddie went missing from her room in Praia da Luz. This tip-off is believed to have been matched with geolocation clues found in the convicted paedophile's vile stash of 8,000 of videos & images. It was claimed they were searching for a camcorder & a gun tossed into the water but Portuguese police sources were quick to dismiss that. Chief public prosecutor Hans-Christian Wolters, who is pursuing the case against Brueckner, has said in the past they have “concrete evidence” that tragic Maddie is dead & believe Brueckner killed her. Wolters confirmed that they will be making an announcement about the results of the dig soon. He suggested that his investigation team may not have discovered any crucial evidence just yet. Speaking to The Mirror, Mr Wolters said: “We will issue a short press release. But please don't expect too much, especially nothing spectacular.” Provisionally passed the case over to the region of Magdeburg (4/22/23). See post #402 on page 21 thread #38.
June 25, 2023 Update: Take with a grain of salt (from Daily Fail): German police investigating Madeleine McCann's disappearance have reportedly hit a 'roadblock' after being left 'disappointed' over the items they found during a search of a Portuguese reservoir. They said that they were hoping the items would provide new clues to follow up but that despite using some of the most high-tech forensic kit, none of the items helped their investigation. The source added: 'It feels like a bit of a roadblock has been hit. However, there are still some items to carry out checks on & the police team will continue to work hard to do all they can to try & make sure no stone is left unturned in checking every single item seized from that reservoir.'
June 30, 2023 Update: Helge Busching is the most important witness in the case and is now speaking publicly for the first time regarding Christan B. See post #615 here:
https://www.websleuths.com/forums/t...soner-identified-as-suspect-37.681823/page-31

Aug. 8, 2023 Update: CB will find out in three weeks if he is likely to be released through a complex legal loophole after he was convicted of raping an American woman in Portugal in 2005. Lawyers for Brueckner appeared before a panel of five judges at the European Court of Justice, arguing that his detention is a breach of international law. They claim because this was not the crime he was extradited for from Portugal in June 2017 he should be freed.
Aug. 31, 2023 update from April, 2023 Update: CB was charged last year by German prosecutors in Brunswick with three offences of aggravated rape of women & two offences (regarding) children. The offences took place in Portugal between December 2000 and July 2017. They are not linked to MM’s disappearance. The regional tribunal in Brunswick, north Germany, said on Thursday it had decided it was “not competent” to hear the case against him because his “last known address” in Germany was in another state, Saxony-Anhalt. The trial had been due to start imminently.
Sept. 18, 2023 Update: A German higher regional court ruled on Tuesday that a state court can hear a sex offences case against Brueckne overruling the state court’s earlier decision that it did not have jurisdiction. The higher regional court in the northern city of Braunschweig said that the state court had wrongly declared itself without jurisdiction when it said in April that it was not responsible for hearing the case, arguing at the time that the region where it is located is not the last place where Christian Brueckner lived in Germany. The Braunschweig state court said in April its supposed responsibility for the case had been based on the suspect’s last residence before he went abroad & then to prison. But it said that was not valid, because the suspect produced evidence of a later residence in the neighbouring state of Saxony-Anhalt, where he was registered as the owner of a property that he kept after going abroad. However, on Tuesday the higher regional court said that the last domestic residence of the accused is to be determined on the basis of a multiplicity of different indications & proofs — in particular earlier statements of the accused — in Braunschweig.
Sept. 19, 2023 Update: In response to the public prosecutor's complaint, the 1st Criminal Senate has, with today's decision, overturned the decision of the Braunschweig Regional Court in the case 2 KLs 213 Js 52790/18. The regional court wrongly declared itself incompetent. Rather, the Braunschweig Regional Court has local jurisdiction over the charges and has to decide whether to open the proceedings. At the same time, the Senate reinstated the arrest warrant of November 18, 2022, which was revoked by the regional court in this context.
 
Not sure why people think a life sentence might be on the cards based on the 5 pending charges. IIRC, CB only got 7 years for the brutal DM rape, which I thought was shocking and not remotely commensurate with the seriousness of the crime and the trauma inflicted.

Just a recap, 2 of the pending cases are indecent exposure involving children, 2 are (as far as we know) the alleged SA of two unknown women, no names, no dates, for which only verbal witness testimony exists. Not sure how the latter in particular will meet the conviction criteria threshold let alone result in charges?

Of the 5 charges, the only one, if he's convicted, that's likely to incur a sentence of any note imo would be the HaB one. But based on the sentence CB received for a very similar crime against DM, I'm doubt we're talking about anything remotely close to a life sentence here.
 
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Not sure why people think a life sentence might be on the cards based on the 5 pending charges. IIRC, CB only got 7(8?) years for the brutal DM rape, which I thought was shocking and not remotely commensurate with the seriousness of the crime and the trauma inflicted.

Just a recap, 2 of the pending cases are indecent exposure involving children, 2 are (as far as we know) the alleged SA of two unidentified unknowns, for which only verbal witness testimony exists. Not sure how the latter in particular will meet the conviction criteria threshold?

Of the 5 charges, the only one, if convicted, that's likely to incur a sentence of any note imo would be the HaB one. But based on the sentence CB received for a very similar crime against DM, I'm doubt we're talking about anything remotely close to a life sentence here.
It is a bit like the American system of Three Strikes. Imposition is not a punishment it is a measure protecting public safety and includes rehabilitation.

Snip

I. Major features of life sentences / life imprisonment and secure preventative detention

1. Life Sentences and Secure Preventative Detention: imposition and release According to the German Penal Code („Strafgesetzbuch”, StGB) life sentences can be imposed for nearly 20 offences. In contrast, however, life sentences are mostly used for the offence of murder (about 95 per cent).1 Murder (article 211 StGB) carries a mandatory life sentence.
______________________________________________
Secure preventative detention („Sicherungsverwahrung“) is by law not a penal punishment but belongs to the measures which shall protect the public and rehabilitate the offender („Maßregeln der Sicherung und Besserung”). This measure is always imposed in addition to a prison sentence. At first the prison sentence has to be served, followed by the secure preventative detention. The prison sentence has to be served for the compensation of guilt and the secure preventative detention has to be served just for the protection of the public.
 
It depends in part on the degree of your faith in the justice system in the place and time in question. Criminal charges in Mao's China would not get you a fair trial, for example.

Assuming however the justice system is not corrupt, it's better IMO to charge an innocent person. The criminal process that follows will either convict them justly, or exonerate them justly. Either outcome is good. Not charging a guilty person means that they go unpunished whether they did it or not, which is only the right outcome if they didn't do it.

So charging the innocent person has no bad outcomes, whereas not charging a guilty one does.
BIB
How can an innocent person ever be convicted justly? Please explain.
 
This was the arrest warrant which was reinstated.

Press release of 11/28/2022 - Arrest warrant

In the criminal proceedings (Az. 2 KLs 213 Js 52790/18 (15/22)) the 2nd Criminal Chamber issued an arrest warrant against the 45-year-old accused for five acts of violating sexual self-determination with a decision dated November 18, 2022. The 2nd Criminal Chamber has affirmed an urgent suspicion for the five accused offenses and considered the reasons for the imprisonment of the risk of flight and the risk of repetition to be given.

The accused is currently serving the prison sentence from the judgment of the Braunschweig Regional Court of December 16, 2019 (Az. 1 KLs 71/19, sentence to a total prison sentence of 7 years). An execution of the arrest warrant is currently not possible, as this requires the consent of Italy (cf. § 83 h IRG), since the accused was apprehended and extradited there. This is now being obtained by the public prosecutor's office in Braunschweig as part of a so-called supplementary approval procedure.

The decision was made in the interim procedure. A press release will be published in due course on the further progress of the proceedings.

Pressemitteilung vom 28.11.2022 - Haftbefehl | Landgericht Braunschweig
 
Another document.


Created on 12th October 2022

The Braunschweig Regional Court confirms receipt of an indictment from the Braunschweig public prosecutor's office with five acts against sexual self-determination against a 45-year-old accused.

With regard to the content of the accusations, reference is made to the press release from the Braunschweig public prosecutor's office dated October 11, 2022.

The indictment runs more than a hundred pages.

For reasons of the presumption of innocence and the protection of personality, the regional court will not disclose any further details about the specific allegations.

According to the district court's business distribution plan, the 2nd Criminal Chamber is responsible for the proceedings as the youth protection chamber (file number 2 KLs 213 Js 52790/18 (15/22). In the interim proceedings that are now beginning, the 2nd Criminal Chamber will first serve the accused and his defense attorney with the indictment This provides the opportunity to comment on the allegations made by the public prosecutor, to raise objections to the opening of the main proceedings and/or to request evidence.

In the so-called interim proceedings, the chamber examines whether the indictment is admitted and the main proceedings are opened. It is currently not possible to make a forecast regarding the duration of this examination. The court decides to open the main proceedings if, based on the results of the preparatory proceedings, the accused is sufficiently suspected of having committed criminal offenses through his behavior. There is sufficient suspicion of a crime if a later conviction of the accused appears likely based on the admissible evidence available. The interim proceedings end with a decision by the chamber on the opening or non-opening of the main proceedings in the form of a resolution. Only when the court opens the main proceedings

The accused is currently in prison due to a ruling by the Braunschweig Regional Court (file number 1 KLs 71/19, sentence of a total prison sentence of 7 years).

The criminal chamber will still have to decide on the question of issuing an arrest warrant against the accused in this criminal case.

Due to the current busyness of the 2nd Criminal Chamber with main hearing dates in already pending criminal proceedings with so-called detention cases (in which the accused are in custody and detention review dates are due soon), a trial is not expected to begin this year if the main proceedings are opened.

A notice:

As soon as a decision in the interim proceedings has been made, a press release will be issued about it. We ask that you refrain from making any further inquiries as, given the status of the proceedings, no further information about the proceedings is currently being provided by telephone or in writing.

Thank you for your understanding!
 
A caveat you'll notice.

As we went to press, we failed to get any official quote from the German judiciary.
 
An unnamed source once again, also why would the prosecution be revealing to the public that which should be heard in court first of all, then to the public?
 
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