Extradition & Transnational Crime

In the age of globalization, inter- and transnational criminal law is becoming increasingly important.
On a European level, the legislator has implemented a number of instruments that facilitate cross-border law enforcement. The most prominent example is the European Arrest Warrant (EAW) that has replaced the conventional extradition procedure within the EU. With the European Evidence Warrant (EEW), which the German legislator recently transposed into national law, law enforcement authorities of one member state can now have the law enforcement agencies of another member state gather evidence in their respective jurisdiction. Police cooperation within the European Union through Europol and Eurojust also plays an increasingly decisive role in transnational investigations.

Outside of the EU, there is also a steady increase in intergovernmental legal assistance. Criminal proceedings with references to Switzerland, the United States of America, Canada, but also to the Russian Federation are at the forefront.

A central pillar of transnational law enforcement is the International Criminal Police Organization INTERPOL. With over 190 members, INTERPOLs databases and system of international cooperation is essential for the cross-border pursuit of criminal suspects. But at the same time INTERPOL is vulnerable to authoritarian states or corrupt law enforcement agencies, who regularly abuse the tools INTERPOL provides to persecute dissidents, activists and journalists on a global scale.

An optimal defence can only be ensured in transnational criminal proceedings if the work of the stakeholders in all the countries concerned is smoothly integrated. In addition to professional competence, the defence in cross-border cases requires a high degree of coordination and flexibility as well as a dense network of international cooperation partners.

As a member of the European Criminal Bar Association (ECBA), Anke Müller-Jacobsen has excellent contacts with lawyers throughout Europe. Like Kai Peters, she has already worked with various lawyers in the United States, the United Kingdom and other countries.

For Kai Peters, trans- and international criminal law is a key focus of his work. He has represented clients in numerous extradition and mutual legal assistance cases, both on the basis of the European arrest warrant and the European Extradition Treaty. Together with Prof. Dr. Dr. Alexander Ignor, for example, he acted as a counsel for a prominent American scientist and business man, whose extradition the United States of America requested because of tax evasion.

Together, Prof. Dr. Dr. Alexander Ignor and Dr. Hendrik Pekárek achieved the deletion of illegal international search requests (so-called red notices) in a number of proceedings before the Commission on the control of INTERPOL's files.

In addition, we regularly act in a legal advisory capacity and draw up legal opinions on German Criminal law for foreign clients. For example Anke Müller-Jacobsen and Kai Peters in extradition matters for foreign governments and Prof. Dr. Dr. Alexander Ignor and Kai Peters in a major American civil action (Telekom).