In criminal matters international legal assistance is provided by authorities especially through public prosecutors, courts and consulates, assisting in criminal investigations, proceedings or enforcement matters. Foreign authorities may request German authorities for international mutual legal assistance in criminal matters. This assistance is based on legal aid and extradition treaties. If there are no bilateral or international agreements between Germany and the State concerned, the Act on international legal assistance in criminal matters (IRG) applies.
It is to be distinguished between the extradition of an individual to the requesting state, so-called great mutual legal assistance, and the so-called small mutual legal assistance regarding the execution of acts of law enforcement for a foreign State. That can result in taking possession and turning over of documents, obtaining information from banks or authorities, the interrogation of witnesses or the execution of search and seizure in order to obtain evidence. The extradition procedure is a formal process in which a person is brought from the States, which do not directly restrict someones freedom. In which he/she resides to the requesting State in order to put him/her on trial or to enforce a penalty that has already been imposed.
Due to the only limited possibilities of appeal in these procedures the assertion of the rights of the person subject to the extradition or international legal assistance, often is neglected, wherefore the assistance of a defence attorney is essential. Such qualified advice is also necessary for the application for foreign investigations „vis-à-vis“ to the German or international public prosecutor’s offices or the courts to exonerate the client.
Defence attorney Juergen Klengel advises clients in connection with extradition, account locks, threatened confiscation of assets, search and seizure of items, such as bank documents and accounting records. For many years, Juergen Klengel has actively been involved in proceedings of international mutual legal assistance having gained special knowledge and great experience in the defense practice in this field of law.