Mr Fülscher, together with the Hamburg lawyer Johann Schwenn defend Christian B., is suspected, in 2007, the then three-year-old Madeleine McCann was abducted and murdered. You have to get in the case files for inspection?
Sebastian Eder
editor in the Department of society FAZ.NET.
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no access to the file is denied for the past one month, so it Schwenn Mr Johann and me, as the defenders is made impossible, the accusation counter. Our client will be charged for a month in the world on the pillory and can’t do anything. Unfortunately, as the defenders few opportunities against the refusal of inspection of files by the public Prosecutor to proceed as long as the investigations are not yet complete.
Our assessment, the investigators have not mentioned the name Christian B., so that he can get no access to files. At the same time, investigators have been called so many Details that it became clear, to whom it goes. What do you think?
I agrees with you. The investigators have made so many Details public, that the identity of the suspects went in a matter of hours all around the world. To withdraw, to have the name is not called, is ridiculous. The public Prosecutor’s office in Braunschweig was clearly aware of what would happen. I am convinced that the prosecution is trying this step at least, to take on the upcoming court decisions in the other matters of our clients influence. For this assumption the time at which the prosecution is to go Public speaks anyway.
What do you mean?
Our client had served unresolved a few days after the first call and in “aktenzeichen XY…” two-thirds of a prison sentence for drug trafficking in the correctional facility in Kiel, and was thus able to make a request for early release from prison, what he has done. In addition, a decision on a revision procedure that he had brought after a conviction for a rape in Portugal. With a question of law from the revision procedure of the European court of justice deals just.
How do you assess the current state of evidence in the case Maddie?
I can’t answer without access to the investigation file-based. I don’t think the prosecution has much in Hand, what is suitable for Tatnachweis in the context of a court trial. This would be the case, the investigating state could accuse a lawyer of our client or a request to remand the command set. To bring charges, is required upon completion of the investigation a “reasonable suspicion”. This is simply said, when a conviction in a major appears, negotiation is more likely than an acquittal. The reasonable suspicion is not, you must set the prosecution proceedings in accordance with Paragraph 170, paragraph 2, of the code of criminal procedure. Also, the court, shall be submitted to the the charge – here it would be the regional court of Braunschweig – then check, whether according to the court, a reasonable suspicion is a given. This is not the case, the court rejects the opening of the main proceedings against the accused.
