Criminal law is an international matter. Many criminal provisions are now immediately based on or reference European Union law. Criminal prosecutions and searches also are no longer confined within national borders.
The European Arrest Warrant is now a firmly established tool in European extraditions and the number of international arrest warrants (INTERPOL red notices) continues to rise. With the European Investigation Order in Criminal Matters, further tools have been created to aid efforts between EU member states to retrieve evidence.
The international aspects of criminal law must be taken into consideration even in cases defended in Germany. Joint investigations between German and, in particular, U.S. criminal prosecution authorities are a common occurrence not only since the infamous Siemens case. Therefore, especially proceedings by the U.S. Securities and Exchange Commission (SEC) and the Department of Justice (DoJ) on the basis of the Foreign Corrupt Practices Act (FCPA) can have a significant impact on proceedings in Germany.
At Ufer Knauer Rechtsanwälte we do not only have the necessary expertise in the applicable national and international legislation and regulations, but also years of professional experience in dealing with German and foreign criminal prosecution authorities in these areas. In addition, our attorneys can draw on a global network of contacts and on the knowledge and experience of fellow attorneys in a vast number of countries worldwide and can coordinate defence strategies across national borders.
Foreign legal systems gain increasing significance for German criminal proceedings. Cases led by the U.S. Securities and Exchange Commission (SEC), for example, on charges relating to the Foreign Corrupt Practices Act (FCPA) against German companies listed in the U.S. can come to dominate proceedings in Germany. In the Siemens case this dynamic went beyond the close collaboration of German and U.S. prosecution authorities and was exacerbated by the refusal of a major U.S. law firm conducting internal investigations to submit to German criminal procedure.
Counsel can be provided in German, English, Danish, Rumanian and French.