Globalization, freedom of travel, and open borders within Europe do have a criminal law dimension: countries around the world cooperate on criminal prosecution and law enforcement. This cooperation poses specific challenges for the defense.
Defense in the Schengen area
In order to find a person suspected of having committed a crime, states can use various ways to disseminate search warrants nationally and internationally. In Europe, countries may use amongst others the European Public Prosecutor's Office, Europol, or cooperation within the Schengen area to search for and prosecute suspects.
In return for opening the borders in the Schengen area, the participating countries have established close police and judicial cooperation. They can exchange information on wanted persons and other police information via the Schengen Information System (SIS).
Once an entry has been circulated, only in very rare cases it is going to be deleted without the intervention of the persons concerned, even if the data is incorrect or simply no longer up to date. Anyone who suspects to have a record in the database of one of the Schengen countries should keep in mind that other countries will also have access to this information via the SIS- even if the entry was made a long time ago or no criminal proceedings were ever initiated. We advise you on the possibilities of obtaining information about and deleting data in national police databases and in the SIS.
INTERPOL and “Red Notices”
Beyond Europe, INTERPOL facilitates global police cooperation. The most severe measure is the international arrest warrant through a so-called “Red Notice.”
Unlike national legal frameworks or agreements between EU member states, police cooperation via INTERPOL is generally not subject to judicial control and has for long been criticized for operating with insufficient transparency. Many INTERPOL search notices are only fully reviewed for legality when those affected take action against them. A request for access and deletion is the only way to persuade INTERPOL to delete search notices that are abusive or disproportionate, for example because a state is actually pursuing political ends under the guise of criminal proceedings.
Early and specialized legal advice
An international search warrant can come unexpectedly and have far-reaching consequences for those affected, including sudden arrest or a de facto travel ban if arrest is imminent.
Anyone who finds themselves in such a situation should seek specialized advice as early as possible. For an effective defense, we focus not only on INTERPOL itself, but also on the states that are cooperating via INTERPOL in the specific case.
To this end, we work together with experienced colleagues in the respective states involved. Our expertise and close coordination ensure you receive comprehensive and effective defense.