Defense in International Criminal Law

Extradition Law – International Arrest Warrants and Legal Assistance

Extradition law governs situations in which an individual is to be transferred from Germany to another country—or vice versa—for the purpose of prosecution or enforcement of a sentence already handed down.

The most important legal instruments include:

• Mutual legal assistance between countries,
• The European Arrest Warrant (EAW),
• Interpol Red Notices (international alerts for wanted individuals).

In any extradition case, German courts assess key factors such as:

• Whether the alleged offense is also punishable under German law (dual criminality),
• Whether fundamental rights and human rights are being upheld,
• Whether the principle of specialty is respected (i.e., no prosecution for unrelated offenses).

An experienced criminal defense lawyer familiar with international criminal law may be able to prevent extradition, delay the process, or ensure it is subject to strict conditions.

Which Criminal Law Applies Abroad?

German criminal law (StGB) usually follows the principle of territoriality: It applies to all crimes committed on German soil (see section 3 of the German Criminal Code StGB).

However, in certain situations, German criminal law may also apply abroad:

• Offenses by German citizens abroad
  If a German citizen commits a criminal offense in another country, they can be prosecuted under German law (section 7(2) StGB).
• Offenses of international concern
  Crimes such as genocide, terrorism, human trafficking, or corruption fall under German jurisdiction regardless of where the act occurred or who committed it (section 6 StGB).
• International treaty obligations
  Germany is obligated under various international treaties to prosecute certain crimes committed abroad—such as drug trafficking or bribery.

This means that actions taken outside Germany can still lead to criminal proceedings inside the country. A criminal defense lawyer for international cases with expertise in these legal overlaps is essential for accurately assessing jurisdiction, consequences, and possible defenses.

Double Jeopardy (Ne bis in idem) in International Cases

The principle of ne bis in idem states that no person should be prosecuted or punished more than once for the same offense.

This concept is especially relevant in international criminal law:

• If you’ve already been acquitted or convicted abroad, you may be protected from prosecution in Germany.
• This is covered under section 7(2) StGB and, in EU contexts, additionally under Article 54 of the Schengen Implementation Agreement (CISA).
• Within the EU, a final verdict in one member state is normally respected by others—double prosecution is not permitted.

However, disputes often arise over whether the foreign judgment actually covers all aspects of the offense. In such cases, working with a lawyer experienced in cross-border criminal defense is critical.

International Criminal Justice – Cases Before Global Courts

International criminal justice applies when crimes go beyond the borders of a single state or are committed by states themselves—for instance, through violence against minorities or systematic oppression. Common offenses include genocide, war crimes, and crimes against humanity.

Today, the central institution for prosecuting these crimes is the International Criminal Court (ICC) in The Hague. It can prosecute individuals regardless of nationality.

For those involved—whether victims, witnesses, or accused persons—expert legal counsel from a specialist in criminal law is essential, as proceedings in international criminal justice are highly complex and often carry significant political implications.

FAQ – International Criminal Law

When do I need a lawyer for international criminal law matters?
If you’re facing an extradition request, a foreign investigation, or an international arrest warrant, contact a criminal defense lawyer for foreigners immediately. Early legal action can sometimes prevent extradition or a public trial.

Can Germany prosecute me for something I did abroad?
Yes. German law allows prosecution of certain crimes committed abroad—especially serious offenses like terrorism or corruption.

How much does a criminal defense lawyer for international cases cost?
Fees depend on the complexity of the case. At Barba & Partner Rechtsanwälte, we provide clear, upfront estimates before accepting any mandate. Transparency is our priority.

Your Defense in International Criminal Law

“I represent clients in cases with an international dimension and also act on behalf of victims seeking to assert their rights in international criminal proceedings. In doing so, I rely on my cross-border network of experienced criminal defense lawyers, which is especially valuable in complex cases involving foreign jurisdictions.”

Salvatore Barba, Specialist Criminal Defense Lawyer

Contact us today to confidentially discuss your case with an English-speaking criminal lawyer in Germany—in person in Munich or Milan, or conveniently via video conference.