First Panel confirms extradition of German sentenced for fraud



The First Chamber of the Supreme Court (STF) kept the extradition of a German citizen Hartmut Müller, convicted of the crime of fraud, typified in German law accordingly to the crime of larceny under Article 171 of the Brazilian Penal Code. Based on the vote of the rapporteur, Minister Luiz Fux, the First Panel unanimously rejected requests for clarification submitted by the defense on Extradition (EXT) in 1293.



Müller has filed a motion alleging that the judgment had obscurities and contradictions. According to the rapporteur, the defects pointed out by the defense does not exist, because the analysis contained in the judgment of the subject according to the Bustamante Code, the presentation of documents in accordance with legal regulations, the formal request by the German government, the host of the promise of reciprocity and the correct measurement of the prescription and the requirement of dual criminality.



According to the German court, Müller had incorrect data on your supposed academic career as a physicist and mathematician.



According to the Court of Dresden, Müller had cheated 69 investors transferred funds to the company he created with the objective of exploring a form of communication and data transmission based on 'gravitational waves estate' or 'quantum teleportation wireless'.



The rapporteur pointed out that the German sentence demonstrates fraud consistently deceive investors, to convince them, by manipulating software, the efficiency of a technology intended for security service bank, culminating with receiving illegal benefits between October 2006 and April , 2009.

Also according to the Supreme Court decision, the German State must subtract the penalty time of arrest for extradition met in Brazil, under the promise of reciprocity.



Source: Supreme Court

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