It was a bombshell: The Federal criminal police office announced in "aktenzeichen XY", that the investigators of a 43-year-old German of murdering the three-year-old "Maddie" Madeleine McCann suspects. It is clear that Christian B. has had a long criminal past, as well as FOCUS Online revealed. He currently sits in prison in Kiel, a sentence of one year and nine months due to a noise trade from the poison, sentenced him in 2011, the Amtsgericht Niebüll had.

On Sunday, he could, theoretically, set in a good guide to parole, walking free, as some media reported. The legislature allows for this under certain conditions, if the penalty has been served to two-thirds.

release and will have dramatic consequences for the Maddie-case

For the investigation of the case Maddie could have such a release, of course, a dramatic impact. The "noose tightening slowly," as file-host, Rudi, it Cerne, on Tuesday evening aptly put it. However, the evidence is not sufficient, according to the investigating public Prosecutor's office in Braunschweig currently, in order to issue an arrest warrant against B., the stop could be that he is actually free.

Actually, this arrest warrant is not at the moment, even necessary. Because there is already a detention order against Christian B., the Prosecutor's office in Braunschweig had obtained in connection with other proceedings, for the meantime, even a judgement. B. was on 16. December 2019, to be spoken at the regional court of Braunschweig because of the serious rape in conjunction with extortion in Portugal, and due to a further Offence of a term of imprisonment of seven years guilty.

B. filed Revision against Brunswick judgment a

However, Christian B. has now requested the Federal court of justice a Revision of the judgment. Rationale: The process at the district court was inadmissible because it violated the so-called "specialty protection", under which he is standing. The judgment is not yet final. Christian B. mentions clearly that he was not extradited because of rape, but because of a different Offence from Portugal.

Maddie's possible murderer pleads with his defenders in the Revision of a European principle of law. This States that a Person who has been transferred as a result of criminal proceedings from one EU country to another, cannot be prosecuted later for other offences in the law, which were not mentioned in the extradition request. Since it is a European law, has been preferred to the Supreme court to leave the decision to the Revision of the European court of justice (ECJ) in Luxembourg.

Himself fast-tracked to take the ECJ up to four months

On Sunday b. has served two-thirds of the sentence of the judgment of the district court Niebüll. A court could then decide, theoretically, actually, to release the Convicts on parole in advance, if there are no relevant reasons to do so. Otherwise, b must serve the penalty completely up to March 2021.

free Maddie's possible murderer would not, however, even in the case of the granting of a probation first. "In this moment, would immediately grab the Investigation warrant that we have obtained in connection with the rape case at the district court. May B. would be transferred into a prison to Braunschweig - if the punishment is suspended on probation,“ says Christian Wolters, spokesman for the Braunschweig Prosecutor's office, in an interview with FOCUS Online.

dpa/Ole Spata/dpa attorney Hans Christian Wolters speaks in the Prosecutor's office to representatives of the media.

"Then we'd look twice into the tube,"

In the case of the Prosecutor is left with regard to the decision of the ECJ. "We are confident that the Revision is not accepted," says Wolters. Because the legality of the judgment of 16. December was not only confirmed by the land court, but also to the upper land court, added Wolters. And that process, opponents see this differently, procedure in court "nothing Unusual".

That the ECJ already to the 7. June could comment on the audit, which was requested by the BGH as a "Eilvorabentscheidungsverfahren", is considered to be quite unlikely. "The average duration of such procedures is even in the case of haste choices in the cut between two and four months," said CJ spokesman Hartmut East FOCUS Online. Because of the application to the ECJ on 8. May, is received, is likely before the 8. Expected to July with a response. In the case of the prosecution office expects a decision in August. Until then, Christian B. must remain, even in the case of a probation for the Niebüller penalty, because of the rape in custody.

Should be instead of the ECJ, but then, contrary to expectations, in fact, the Revision would take in not only the judgment of 16. December will be against Christian B. obsolete. Because if a court Year, the Kiel remainder of the sentence of the 43-and then also still on probation would expose, would be Maddie's possible murderer is actually free. "In that case, we would see twice in the tube. Because with the recognition of the Revision of the issue of detention would be extinguished. And B. could move freely – and, theoretically, also abroad, settle where we would need him to he's obtaining a new arrest warrant search,“ says Wolters.

Flensburg public Prosecutor's office responded to late

That follow may run serious error in the evaluation of the "specialty protection", had to experience the German prosecutors, at least in the case of Christian b. Had served at the end of August 2018 a penalty for child abuse, for which he had been delivered in July 2017, the Portuguese justice to the German.

The Prosecutor's office of Flensburg, wanted to prevent that b. comes after the Serving of penalty free. Because at the time, those of imprisonment of one year and nine months because of drug trafficking on the island of Sylt is still open, for the. g. in Kiel prison. to be able to

But in 2011, the district court Niebüll penalty imposed directly in connection to those for child abuse full-stretch, had to ask the competent Flensburg public Prosecutor's office, the Portuguese justice according to the "Specialty principle" in order to consent to it. And drug-related offences, had been committed on the island of Sylt, in the extradition request 2017 no speech, reported the "Süddeutsche Zeitung".

The Federal court of justice had found in the connection that had been reported in the Prosecutor's office of Flensburg, very late that is why. Too late, as it turned out. Because b came at the end of August and moved to Italy. Only four weeks later, he had been taken there, because in the meantime it had obtained a European arrest warrant.

But this case was different than the current in Braunschweig, now says Prosecutor spokesman for Wolters. "And we are confident and hope, of course, that B. must be allowed to settle in Kiel his full sentence."

"Maddie" McCann: chronology of a crime PCP "Maddie" McCann: chronology of a crime

Date Of Update: 05 June 2020, 18:26