International Criminal Investigations: What You Need to Know
Critical Information About Cross-Border Criminal Proceedings and Your Rights
With regard to the increasing number and sophistication of international criminal offences and cybercrime, states are placing greater emphasis on effective and extensive international criminal investigations. States therefore regularly co-operate with each other in the context of an Interpol Red Notice or an extradition request in order to more effectively target cross-border crime.
However, it can often happen that an Interpol Red Notice, European Arrest Warrant or extradition request is flawed, for example because it is based on insufficient facts, concerns the wrong person or is politically or militarily motivated. International investigations can also raise questions of jurisdiction. Beyond that, there can be instances where the investigative methods employed raise concerns about procedural fairness and human rights violations.
Our extradition lawyers at Schlun & Elseven Rechtsanwälte are most familiar with international legal proceedings and have successfully worked on countless Interpol and extradition cases.
About International Criminal Investigations
Effective international criminal investigations require national law enforcement agencies and international organisations to work together closely. This includes sharing evidence and resources, joint investigative teams, cross-border surveillance, coordinated arrest operations, intelligence sharing and organised asset freezing across multiple jurisdictions.
International criminal investigations usually take place if a European Arrest Warrant exists, an Interpol Notice is circulated, or an extradition request was posed. Within the EU the most important investigation channel is Europol. Internationally, Interpol Notices and the ICC (International Criminal Court) enable border-crossing investigations and provide information sharing mechanisms. Interpol especially makes a great effort to coordinate international investigations by providing trainings to national investigation offices and setting up specialized compartments, such as the INTERPOL Financial Crime and Anti-Corruption Centre (IFCACC), which is specifically designed to uncover illegal international financial flows and to detect new money laundering schemes. Additionally, treaties such as Extradition and Mutual Legal Assistance Treaties and conventions like the United Nations Convention against Transnational Organized Crime (UNTOC) provide a legal framework for combatting international crime.
Types of Crimes and Jurisdictional Challenges
The types of crimes mostly targeted by International Criminal Investigations include
- organised crime, such as drug trafficking or human trafficking,
- financial crimes such as money laundering, fraud and tax evasion,
- terrorism and financing of terrorist organisations,
- cybercrimes,
- war crimes and arms trafficking, as well as
- corruption and bribery.
International Criminal Investigations can raise the jurisdictional challenges. It is possible that more than one country claims authority to prosecute the wanted person. We advise clients on which jurisdiction is more favourable in their case and engage with relevant authorities and advocate for prosecution in that jurisdiction.
Being the subject of international criminal investigations, is a serious matter that can implicate harsh consequences and therefore requires experienced legal support. If you are faced or fear to be the subject of a European Arrest Warrant, an Interpol Red Notice or an extradition request, do not hesitate to contact our lawyers now.
Recognising Indicators of International Criminal Investigations
Determining if someone is the subject of international criminal investigations is challenging. The subject of an Interpol Red Notice, EAW or extradition request does not get notified about ongoing proceedings. Although a fraction of Interpol Red Notices gets published on Interpol’s Most Wanted List, the majority is not made public.
However, several potential indicators may suggest that an international investigation is ongoing. These include:
- Being subjected to unexpected travel restrictions or visa denials,
- Detainment or questioning at border crossings,
- The individual receiving inquiries or subpoenas from foreign authorities,
- The observation of unusual surveillance activities,
- Compromised electronic communications,
- The freezing of one’s assets,
- Being included in embargo lists can be an indicator that an entity or individual is under investigation.
- Media reports or rumours about ongoing investigations involving individuals or organisations with which one is associated can also be an indicator.
While the mentioned indicators do not confirm an ongoing investigation, they can be a sign that authorities have concerns about the activities of the targeted entity or individual.
If you fear to be subject to international criminal investigations, contacting specialised legal counsel as soon as possible is imperative. Our lawyers will contact foreign law enforcement agencies, make a request to Interpol and Europol and seek to get more information on your situation.
Potential Consequences of International Criminal Investigations
International criminal investigations can have several potential consequences, determined by several factors. Depending on the allegations‘ nature and publicness, being investigated internationally can lead to grave personal and financial outcomes. As mentioned above, bank accounts and assets can be frozen, employment can be terminated, and regulatory bodies may revoke or suspend licenses or certifications. Reputational damage can jeopardise professional standing and lead to the loss of professional opportunities, public scrutiny, and stigmatisation due to the association with criminal activity. Regarding the nature of the alleged crimes and the jurisdictions involved, investigations can ultimately lead to the extradition of the person affected. If sufficient evidence is gathered and legal proceedings result in convictions, the defendant may face imprisonment or other punitive measures.
For more Information, refer to our article on the Consequences of a Red Notice.
Legal Protection from International Criminal Investigations: Schlun & Elseven
Our extradition and Interpol lawyers will conduct a thorough assessment and deep analysis of your case. Whether it is about finding out if you’re subject to an Interpol Red Notice, if a European Arrest Warrant exists or assisting you in the removal of an Interpol Notice, we offer the necessary expertise to assist you effectively and timely. Our lawyers will engage diplomatic channels and communicate with authorities to evaluate the scope of the allegation.
With Schlun & Elseven Rechtsanwälte by your side you can rest assured that your privacy and reputation are valued. In this regard we also offer reputation management services, to minimize the effect international criminal investigations can have, if not managed properly. Our lawyers speak a multitude of languages and ensure that translation requirements and language barriers are navigated effectively.
Frequently Asked Questions About International Criminal Investigations
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