International Criminal Law
International Criminal Law

Lawyer for International Criminal Law and European Criminal Law

In an increasingly interconnected world, criminal law is also becoming more and more international. This includes the fundamental rights protection shaped by the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ), the continuous expansion of investigative powers at the EU level, and most recently, the creation of a European Public Prosecutor's Office: Today, criminal law must be viewed in a global context.
eslaw_Internationales-Strafrecht_iStock-618870216-scaled

Your Attorney for International Criminal Law

International criminal law covers cross-border offences. In addition, the European Convention on Human Rights (ECHR), which has constitutional status in Austria, and the case law of the European Court of Human Rights (ECtHR) also have a direct impact on Austrian criminal law in purely domestic matters. In addition, the EU is not only constantly expanding its competences in the area of criminal procedural law, but is now also increasingly defining the framework conditions for substantive criminal law. This area of law is developing rapidly.

Dr. Elias Schönborn works in the field of Criminal Defense in international criminal law and drafts Legal Opinions on related issues. As many companies operate globally, the focus here is primarily on issues of international Commercial Criminal Law and Corporate Criminal Law.

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn

Do you have any questions on this topic or do you need support? Feel free to contact us directly.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Our areas of Activity

Laywer for international criminal law Dr. Elias Schönborn is primarily active in the following areas:

  • Criminal Law Advice and Representation in cross-border matters
  • Criminal Defense in proceedings brought by the European Public Prosecutor’s Office, for example on charges of fraud to the detriment of the financial interests of the European Union (Section 168f StGB) or misappropriation of funds and assets to the detriment of the financial interests of the European Union (Section 168g StGB)
  • Advice and Representation in mutual legal assistance proceedings and in matters relating to the procurement of evidence abroad
  • Defense in connection with a European Arrest Warrant or a European Investigation Order
  • Defense in extradition proceedings
  • Advising and Representing internationally active companies on compliance aspects in relation to Austrian and international criminal law
  • Clarification of the question of whether Austrian criminal law is applicable and which state authorities would have jurisdiction in cross-border economic offences and in the area of IT Criminal Law

In cross-border matters, we can draw on a broad network of renowned criminal law experts with whom we are connected, among others, in the European Criminal Bar Association (ECBA).

Use the expertise of an experienced attorney in this field, to effectively address cross-border legal issues and contact us.

Dr. Elias Schönborn als erfahrener Rechtsanwalt und Strafverteidiger in Wien.

Dr. Elias Schönborn
Attorney at Law & Criminal Defense Lawyer

Suc­cess Sto­ries

Background: Our client, a doctor, was under investigation in a cross-border case on suspicion of embezzlement and serious fraud. The alleged damage was substantial.

Challenge: The case involved multiple countries and required the examination of events and documents across national borders. At the same time, our client’s specific role in the offences had to be distinguished from the actions of other parties involved.

Approach: We analysed the cross-border transactions and submitted a comprehensive written statement in which we countered the allegations made against our client on the basis of the available documentation and the actual sequence of events.

Result: The preliminary investigation against our client was discontinued a few months after we were instructed.

Background: Our client, the managing director of a subsidiary of a global group, was under investigation in connection with several criminal allegations, including extortion, forgery of documents, accepting gifts and money laundering.

Challenge: The case was characterised by group-wide business relationships and international connections. The various allegations had to be distinguished from one another, and our client’s role in the respective transactions had to be analysed in detail.

Approach: We analysed the underlying business processes and documentation and submitted a comprehensive written statement. In it, we highlighted our client’s actual areas of responsibility and demonstrated that the allegations lacked the necessary grounds.

Result: The investigation was discontinued a few months after we were instructed.

Background: An international group fell victim to a professional “fake president” fraud and instructed us to provide prompt criminal law assistance in the matter. In this case, the perpetrators, using the CEO’s identity, arranged for payments totalling more than EUR 2 million to be made by French and Spanish group companies.

Challenge: The case required immediate action, as cross-border payment flows had to be traced swiftly and bank data secured in order to identify the perpetrators and preserve the prospects of subsequently recovering the assets.

Approach: We rapidly reconstructed the payment flows and were able to trace the payments to a recipient account in Austria. Building on this, we submitted a detailed account of the facts to the law enforcement authorities, along with specific suggestions for the investigation.

Result: Within a few days, a preliminary investigation into serious commercial fraud was launched, the disclosure of information relating to the relevant bank account was ordered and the existing bank balance was secured. An international manhunt is underway for the suspect.

Background: The managing director of an internationally active group of companies had been facing allegations of breach of trust, insolvency offences and falsification of evidence for several years. The alleged financial loss amounted to approximately EUR 5.5 million. A significant part of the case also concerned an Italian subsidiary.

Challenge: The proceedings required an analysis of complex cross-border business processes, extensive corporate documentation in foreign languages and varying economic conditions.

Approach: We reconstructed the relevant transactions and management decisions across the companies involved and comprehensively analysed the economic background. In a detailed written submission, we addressed in particular the issues of financing, write-downs and intra-group loans.

Result: Following many years of investigation, the preliminary investigation was discontinued without charges being brought within a few months of us being instructed.

Background: Our client was under investigation on suspicion of cross-border industrial espionage, involving the alleged breach of trade and business secrets and falsification of data. The case involved business relationships and companies in Austria, Germany and Switzerland.

Challenge: The case centred on sensitive corporate data and numerous private expert reports commissioned by the company that had filed the complaint.

Approach: We analysed the cross-border corporate relationships and the individual data flows and submitted several written submissions to the law enforcement authorities. The criminal investigation department’s analysis of the data storage media revealed no evidence of unauthorised disclosure of trade or business secrets.

Result: The preliminary investigation against our client was discontinued.

FAQ

Do you have questions about International Criminal Law?

Contact us.