Post EN

The professional practice of european lawyers in Germany in Criminal matters

Germany, as a member of the European Union (EU), offers European lawyers various opportunities to practice in criminal proceedings, including European Arrest Warrants (EAW) and extradition cases. These opportunities are regulated by Directive 98/5/EC, national legislation such as the Law on the Activity of European Lawyers in Germany (EuRAG), and the Law on International Judicial Cooperation in Criminal Matters (IRG).

Requirements to Practice in Germany

  • Registration with a German Bar Association (Rechtsanwaltskammer):
European lawyers must provide proof of professional qualifications and a certificate of good standing from their home country.
  • Compliance with procedural rules:
While they may practice under their home professional title, they are subject to German procedural and ethical rules.
  • Collaboration when necessary:
In complex cases, such as extraditions or EAW proceedings, it is advisable to work with a local lawyer to ensure effective defense.

Roles in Criminal Proceedings

European lawyers can play a crucial role in criminal proceedings in Germany, particularly in:

Defense in EAW Cases

Processing of an EAW in Germany:

Extradition Cases

Germany's process:
  • Handles extradition requests from non-EU countries under the IRG framework.
  • European lawyer's role:
  • Assists clients in hearings related to preventive detention and sessions determining the feasibility of extradition.

General Criminal Defense

Representation:
  • European lawyers may represent clients in ordinary criminal proceedings in local and regional courts, provided they meet procedural requirements.

Situations Requiring Collaboration with a Local Lawyer

EAW Proceedings:
  • These cases often involve complex issues related to fundamental rights, procedural guarantees, and interpretation of EU and German law. A local lawyer can help present strong arguments tailored to court requirements.
Extradition Cases:
  • Such requests may require detailed assessment of international treaties, human rights, and the principle of double jeopardy. A German lawyer brings practical experience and knowledge of procedural law necessary to address these issues.
Language and Communication:
  • Since all judicial proceedings in Germany are conducted in German, collaboration with a local lawyer is essential when the European lawyer lacks technical language proficiency. This ensures effective representation and avoids misinterpretation.
Knowledge of Procedural System:
  • Proceedings before German courts, especially the Higher Regional Courts (OLG), require specific knowledge of local rules, including drafting documents, filing appeals, and interacting with German prosecutors.
Cases Before Higher Courts:
At BlayJD, we collaborate with German law firms to offer comprehensive legal solutions in complex cases, ensuring a robust defense tailored to the German legal system.

Rely on us for your defense and CONTACT us.

Situations Not Requiring Collaboration with a Local Lawyer

Preliminary or Precautionary Hearings:
  • In simple proceedings, such as initial hearings on preventive detention or precautionary measures related to an EAW, the European lawyer may act independently, provided they are proficient in German and basic procedural rules.
Extrajudicial Advice:
  • In cases where the main task is advising the client on legal risks or implications of an EAW or extradition, the European lawyer may act without collaboration if sufficiently knowledgeable about the German legal system.
Proceedings in Lower Local Courts
  • In certain less complex criminal proceedings before local or regional lower courts, where specialized knowledge of German procedural law is not required, European lawyers can directly represent their clients.
Defense Based on Home State Rules
  • If the defense strategy focuses on challenging the legality of the EAW or extradition from the perspective of the issuing state’s law, the European lawyer can lead the defense strategy independently.
"Collaboration with a local lawyer and specific preparation are essential to ensure an effective defense, particularly in EAW and extradition cases."

The Aptitude Test

The aptitude test allows European lawyers to obtain full qualification as a Rechtsanwalt. This process involves the following steps:

Application and Preliminary Evaluation

German authorities evaluate the lawyer's qualifications in their home country to determine which areas of German law require examination.

Areas of Assessment

  • Civil law
  • Criminal law
  • Public law
  • Procedural law
  • Ethical and professional standards applicable in Germany

Test Format

  • Written: Practical case resolution.
  • Oral: Questions on German legislation and legal practice.
Upon passing the test, the lawyer gains full qualification as a Rechtsanwalt, enabling them to practice in all courts and legal areas in Germany without restrictions.

Conclusion

The professional practice of European lawyers in criminal matters in Germany offers significant opportunities but also poses challenges related to language and the specifics of local law.
Collaboration with a local lawyer and focused preparation are vital for ensuring an effective defense, particularly in EAW and extradition cases. However, in simpler proceedings or extrajudicial actions, European lawyers can act independently, provided they meet legal and linguistic requirements.
2025-01-06 10:25 Training