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.
Im internationalen Strafrecht vertreten wir unsere Mandanten österreichweit in grenzüberschreitenden Sachverhalten

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.

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.

FAQ

  • 1. Which challenges arise in international criminal law in cross-border situations?

    The most significant challenges in international criminal law in cross-border cases are the disparate legal systems and criminal provisions of the individual states. The coordination of legal systems across different countries can be complex and often requires close cooperation between law enforcement authorities. Criminal matters may be protracted due to the different working speeds in the individual countries.
    Furthermore, difficulties frequently arise when an offense is committed in one state, yet the consequences of the offense occur in another state. For example, this is the case when a perpetrator commits fraud via the Internet in a foreign country, yet the financial loss (e.g. through a bank transfer) occurs in another country. In this context, there is a divergence between the place where the offense was committed and the place of the so called “success” in criminal law. This leads to questions regarding the applicability of domestic jurisdiction and international jurisdiction in cross-border cooperation.
  • 2. How does international law enforcement cooperation work within the European Union (EU) and what is an European Investigation Order?

    The European Union has a number of legal instruments that facilitate cooperation between Member States, such as the European Arrest Warrant and the European Investigation Order. The European Investigation Order permits the law enforcement authorities of one EU Member State to gather information and evidence in another Member State. It facilitates the exchange of information and evidence between Member States for the purpose of criminal investigations. The European Investigation Order therefore enables the law enforcement authorities of one Member State (issuing state) to order, for example, questioning, searches, seizures and surveillance measures in another Member State (executing state). These are then carried out and enforced by the authorities of the executing member state.
    The principle of recognition is applicable in this context. In general, the European Investigation Order is intended to enhance the efficiency and effectiveness of cross-border criminal prosecution and cooperation in the EU, facilitate the exchange of information and reduce bureaucratic obstacles.
  • 3. The European Public Prosecutor's Office is investigating against me. What should I do?

    If you are the subject of an investigation by the European Public Prosecutor's Office (EPPO), you are strongly advised to seek legal advice. The offenses in question (e.g. fraud involving expenditure to the detriment of the financial interests of the European Union pursuant to Sec 168f StGB or misuse of funds and assets to the detriment of the financial interests of the European Union pursuant to Sec 168g StGB) represent a special area of commercial criminal law that is in a constant state of evolution. Lawyers with expertise in European criminal law are constantly engaged in monitoring the rapid legal developments in this area. They inform their clients of their rights and help them exercise them before the European Public Prosecutor’s Office.
  • 4. When does it make sense to consult a lawyer for international criminal law or European criminal law?

    Especially in the often complex and extensive circumstances of international criminal law, it is important to think about the right defense strategy at an early stage. If you are accused of an offense with cross-border implications or an offense under European criminal law, it is therefore advisable to consult a lawyer for international criminal law or European criminal law. They can assist you navigate the complex structures of international criminal law and represent you competently in criminal proceedings.

Do you have questions about International Criminal Law?

Contact us.