DMS Strafrecht München Standort

International criminal law

The first law about the European Arrest Warrant passed by the Federal Parliament (Bundestag) (BGBl. 2004 I page 1748, EuHbG) was unconstitutional and therefore void according to the judgment by the Federal Constitutional Court (Bundesverfassungsgericht). The Federal Parliament (Bundestag) and the Federal Council (Bundesrat) initiated a new legislative procedure for the EuHbG.

The rules considered as unconstitutional have been revised and the rest of the precedent law has been remained unchanged. The European Arrest Warrant has to contain certain information: the identity of the person, the issuing judicial authority, final sentence, penalty, etc. The german judicial authority is just restrictedly entitled to review the European Arrest Warrant which has been issued by another state of the EU. The restricted possibilities to avoid the extradition require quick reactions and the cooperation with the colleague of the issuing state. We plead and we counsel our clients in European preliminary proceedings, proceedings of extradition, international letters rogatory and extradition requests.

The state law of non-EU-countries also influences German criminal proceedings, especially regarding to international companies. It has originally become reality that german prosecutors pursue a procedure in Germany in the way of legal assistance which originally has been instituted by the SEC based on the FCPA (Foreign Corruption Practices Act).

„In 2008, 742 persons living in Germany have been expelled in other countries of the EU.“
(Notice by the Federal Government, 2009)