Criminal defence

European and international criminal law

Our law firm is distinguished by our services in the field of European and international criminal law. We advise our clients in German, Bulgarian, English and Italian and meanwhile believe to know the culture of the different European nations. Dr. Miluscheva completed her doctorate in the field of European criminal law on the subject of The execution of the European Arrest Warrant in the area of tension between effective prosecution and protection of the person concerned. Her work focuses on the eternal dilemma between security and freedom – a trade-off that plays a role in every criminal case. Her professional background is also rounded off by regular further training on current topics in the fields of German and European criminal law and criminal procedure.

If questions arise regarding Italian, Austrian, Swiss or Liechtenstein law, these are examined in cooperation with experienced cooperation partners in the respective country. Questions regarding Bulgarian criminal law and criminal procedure law are answered within the firm's team with the help of our colleagues who have studied or practised law in Bulgaria.

In the area of European and international criminal law, our activities include the following complexes:

European arrest warrant

  • Imminent transfer for the purpose of prosecution or execution of sentence
  • Handover obstacles:
    • Conviction in another Member State for the same offence,
    • Lack of double criminality, statute of limitations
    • Lack of criminal capacity
    • Failure to initiate proceedings or discontinuation of proceedings etc.
    • Suspension of surrender on humanitarian grounds
    • Protection of the person concerned in the surrender procedure (fundamental and human rights reservation)

Criminal defence of foreigners

  • Rights of EU foreigners in German criminal proceedings (interpreters in criminal proceedings)
  • Double jeopardy and multiple prosecutions
  • Adhesion sensitivity
  • Offences under the Aliens and Asylum Procedure Act
  • Waiver of enforcement upon extradition
  • Transfer for execution of sentence
  • Deviating values as a reason for sentencing
  • Foreign criminal record

Criminal defence in the case of foreign offences

  • Crime scene punishability
  • Utilisation of foreign investigative findings
  • Non-delivery
  • Foreign grounds for exemption from punishment
  • Sentencing issues

Criminal proceedings in several states

  • Protection from multiple prosecution
  • Conflicts of jurisdiction in the case of competing criminal powers
  • The prohibition of double jeopardy: international / European / national
  • Crediting of pre-trial detention / extradition custody
  • Setting on extradition and expulsion
  • Use of criminal action

The focus of criminal defence in this area is the protection and enforcement of European fundamental and human rights. Dr Miluscheva represents selected clients in criminal cases before the Court of Justice of the European Union in Luxembourg and the European Court of Human Rights in Strasbourg.

Our law firm is internationally oriented and is distinguished by our services in the field of European and international criminal law.

Criminal defence