EU arrest warrant: What is important to you now
In an increasingly interconnected world, national borders are an increasingly smaller obstacle for law enforcement authorities. Our contribution summarises what is important for those affected.
In an increasingly interconnected world, national borders are an increasingly smaller obstacle for law enforcement authorities. Our contribution summarises what is important for those affected.
The European Arrest Warrant (EU Arrest Warrant) is an instrument that strengthens European cooperation in criminal law and aims to prosecute offenders across borders more quickly and efficiently. But what does such an arrest warrant mean specifically for the person concerned and what steps are important?
If a European arrest warrant has been issued against you or someone close to you, it is of the utmost importance that you immediately seek legal assistance from a criminal Defence lawyer experienced in this field. Our law firm for criminal law with offices in Germany and Spain and cooperation partners in many countries has the necessary expertise and experience to advise and support you in this challenging situation.
The EU arrest warrant is a legal instrument introduced in 2004 to facilitate the cross-border extradition of persons within the European Union. A national arrest warrant from an EU Member State can lead to arrest and extradition in another Member State through the EU arrest warrant. Unlike traditional extradition procedures, the process is faster and easier, as cooperation between judicial authorities in the EU has been standardised and formalised.
For those affected, this means that if an EU arrest warrant is issued, there is a risk of being arrested in any EU country and transferred to the country where the prosecution takes place.
If you have been informed of an EU arrest warrant issued against you, your next steps are crucial. A quick and well-thought-out reaction can significantly influence the course of the procedure:
1. Immediate contact with an experienced criminal Defence lawyer in this area: handling an EU arrest warrant requires legal expertise – it is not a "standard case". Our law firm employs lawyers who have the necessary expertise in international criminal law and in dealing with the EU judicial authorities. The close cooperation of our offices in Germany and Spain with our international partner law firms enables flexible and effective support.
2. Clarification of the reasons for detention: A lawyer can check which accusations are specifically against you and whether the EU arrest warrant was formally issued correctly. Sometimes Defence strategies result solely from formal errors or procedural errors in the issuance of the arrest warrant.
3. Advice on extradition proceedings: In certain cases, a lawyer can prevent or at least delay extradition. Although the EU arrest warrant basically provides for member states to help each other quickly and easily, there are still protective mechanisms. Here, an experienced criminal Defence lawyer can check whether, for example, fundamental rights that could prevent extradition are affected.
4. Comprehensive advice and representation in the issuing and residence country: Our law firm takes over your Defence both in the country that issued the arrest warrant and support through our international partner law firms in the country in which you are currently located. Thanks to our locations in Germany and Spain as well as a network of specialised partner law firms in other European countries, we can offer you a fast and coordinated Defence.
There are only limited defences against an EU arrest warrant. But your defender should know these limited Defence possibilities exactly!
An EU arrest warrant often presents those affected with a tense and complex situation. Cooperation between states takes place very quickly and the legal details are difficult for laymen to understand. The consequences are far-reaching and can lead from arrest to extradition to long-term criminal proceedings and criminal detention. By commissioning a criminal Defence lawyer familiar with the subject, you ensure that your rights are safeguarded and that you receive the necessary support.
An experienced criminal Defence lawyer will not only educate you about your rights and possible Defence strategies, but also develop a tailor-made strategy to protect your interests. Whether through negotiations with the judicial authorities, the examination of the arrest warrant documents or the coordination with the competent authorities in the issuing state: the expertise of an experienced criminal Defence lawyer can often be decisive.