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Madeleine file to be sent to judge
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12 January 2007
Police handed their files to the Algarve-based prosecutor, Jose Cunha de Magalhaes e Meneses, for him to decide whether to bring charges against Kate and Gerry McCann.
Speaking outside the prosecutor's office in Portimao, Luisa Duarte said Mr Cunha de Magalhaes e Meneses had received the papers and decided they should go before an instructional judge.
A Portuguese lawyer said this might mean that the prosecutor wanted to impose stricter bail conditions or to carry out fresh searches or more interviews.
It is also possible that he is recommending charges, although this would be unusual, Artur Rego said.
The judge has 10 days to decide whether to agree to the prosecutor's request.
If the prosecutor wanted to bring charges, he would have to produce a formal report for the judge laying out the accusation, the evidence and the motive, Mr Rego said.
The judge would then decide within 10 days whether there was enough evidence for the case to proceed. If there was, the judge would make the charges public and subpoena the person accused, the lawyer said.
Intense attention has focused on what exactly Portuguese police found in the hire car rented by Madeleine parents 25 days after she went missing. Detectives denied reports that forensic tests on a sample taken from the vehicle, a silver Renault Scenic, had revealed a "100% match" with the missing girl's DNA.
But senior sources linked to the investigation told Portuguese journalists they discovered "bodily fluids" - not blood - with an 88% match to Madeleine's genetic profile in the car's boot.
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