Transfer of proceedings

Transfer of proceedings.

Sometimes the best defense is not to contest a surrender, but to ensure that the proceedings are conducted in the appropriate jurisdiction. The transfer of proceedings between States can completely change the client’s position: where they are tried, with what guarantees, and under which law.

What it is and when it is advisable

It is an international judicial cooperation mechanism by which a State assumes or waives the prosecution of an act. It serves to concentrate a matter investigated in several countries into a single one, avoid double prosecution contrary to the ne bis in idem principle, or locate the trial where the evidence, witnesses, and most robust guarantees are found.

How we act

We evaluate whether the transfer suits the client’s strategy, request it or oppose it as the case may be, and coordinate with the law firm in the other State to ensure the proceedings align, without duplications or gaps.

International dimension

Here, the international dimension is the essence of the service. Our network of firms in Germany, Austria, Switzerland, and the United Kingdom allows us to propose and execute these transfers with knowledge of how the proceedings will be received in the destination country.

(24h Emergency)

Index

Frequently asked questions

What is asked first.

What is the transfer of proceedings?

A cooperation mechanism by which a State assumes or waives the criminal prosecution of an act to another State.

What is its purpose?

To concentrate a matter investigated in several countries into one, avoid double prosecution, or hold the trial where the guarantees are most robust.

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