Extradition from Portugal: a suspect in the case Maddie more because of rape in prison

In the case of the British girl Madeleine "Maddie" McCann disappeared in 2007 at the age of three years, under unexplained circumstances, in Portugal, has presented the public Prosecutor's office in Braunschweig in June of this year a Suspect: the tried-and-convicted German Christian B., was from 1995 to 2007, regularly with his Van in the Algarve on the road. Still, the prosecution has brought against b, because of the disappearance of Maddie, no charge, at the same time he is traded, in the meantime, but also as a possible suspect in the Disappearance of other children. And already in December of last year, the regional court of Braunschweig b. sentenced to a prison sentence, because he invaded in the year 2005, a then-72-year-old American woman in their house in Portugal, abused, robbed and raped should have – the sentence in the earlier conviction for drug trafficking flowed, was seven years.

Constantin van Lijnden

an editor for the Frankfurter Allgemeine objection.

this method has now expressed its view of the advocate General at the European court of justice. The background is a complex question of the European extradition law. In principle, a defendant that was previously delivered into the charge state can be condemned only on the basis of those acts for which the extradition is made. This so-called "Specialty principle" allows the justice of the extraditing state, your "Highness" on the procedure just because of individual offences, to surrender, and the subsequent conviction (or acquittal) due to other Alleged crimes but even to pre-order.

Delivered, but because of the wrong offence?

Christian B., was delivered in 2017 because of the allegation of child abuse (not in the case of Maddie) from Portugal to Germany; he was convicted and served here, a term of imprisonment of one year and three months that ended in August 2018. The former is shipped by Portugal not included, but the accusation of the rape of the American. After the end of his imprisonment B. traveled to Italy, where he was in September 2018 again arrested and, after Germany surrendered, now because of a drug offence, but also because of the rape of a woman in Portugal.