INTERNATIONAL CRIMINAL PROCEEDINGS AND CROSS-BORDER INVESTIGATIONS
In recent years, the number of criminal investigations with cross-border implications (“cross-border investigations”) has increased considerably.
This development is mainly due to increased cooperation in the context of international criminal law, in particular in the prosecution of economic and financial crime by national and international law enforcement authorities, such as OLAF and the European Public Prosecutor’s Office (“EPPO”), EUROPOL and INTERPOL.
Our firm has extensive experience in defending clients (individual and corporate defence) who are confronted with such international proceedings.
DEFENcE AGAINST EXTRADITION REQUESTS AND INTERNATIONAL ARREST WARRANTS
We represent both individuals and companies in a wide range of cross-border criminal matters. A frequent area of our practice is the defence against extradition requests as well as the defence against European Arrest Warrants (EAW) and international arrest warrants, in particular so-called “Red Notices” issued by INTERPOL.
In addition, we support our clients with European Investigation Orders, which enable evidence to be gathered across borders. A European Investigation Order is a judicial or administrative order issued or confirmed by a judicial authority of an EU member state to carry out investigative measures in another EU country to gather evidence in criminal proceedings.
PROTECTION AGAINST DOUBLE JEOPARDY IN INTERNATIONAL CRIMINAL LAW
A further and increasingly important focus is the enforcement of the prohibition of double jeopardy (“ne bis in idem” principle), which ensures that a person is not tried or punished more than once for the same offense. This aspect is of particular importance in cross-border investigations against companies, as shown by the decision of the European Court of Justice (ECJ) of 14 September 2023 in Case C-27/22 in favor of Volkswagen (VW) in connection with the “ne bis in idem” principle. In this decision, the ECJ stated that the principle of “ne bis in idem” also applies to sanctions that can be classified as administrative sanctions of a criminal nature. At the same time, however, the ECJ also pointed out possible exceptions to this.
STRATEGIC DEFENcE IN TRANSNATIONAL INVESTIGATION PROCEEDINGS
The successful defence in cross-border proceedings – be it against extradition requests, international arrest warrants or investigation orders – requires a fast, strategically thought-out and internationally coordinated approach.
Our clients benefit not only from our many years of experience in international criminal law, but also from our worldwide network of highly qualified colleagues in all major jurisdictions. As a founder of the Global Defence Alliance, we work together with renowned criminal defence lawyers in numerous countries. This close cooperation enables us to develop tailor-made defence strategies and provide our clients with the best possible protection.
Our expertise ensures competent and effective support at every stage of the proceedings – from the initial investigation to extradition proceedings and legal defence at national and international level.
