International criminal cases – European arrest warrant, extradition and foreign proceedings

In international criminal cases, foreign authorities, European cooperation mechanisms and international mutual legal assistance also play a role alongside Hungarian procedural rules. The client often faces risks in several countries at the same time.

In such cases, speed, accurate translation, interpretation of foreign documents and cooperation with local defence lawyers may be decisive. A poorly handled arrest warrant or extradition situation may immediately affect the client’s personal liberty.

Specific types of proceedings

An international criminal case may involve the execution of a European arrest warrant, extradition proceedings, recognition of a foreign judgment, international mutual legal assistance, a European Investigation Order, a foreign house search or seizure, or a cross-border economic, drug-related or money-laundering case.

These cases are not always organised around separate Criminal Code offences, but around procedural-law questions: which state is conducting the proceedings, who decides on surrender, in which country the evidence may be used, and what legal remedy the person concerned has.

European arrest warrant and extradition

In the case of a European arrest warrant, the procedure may be fast: the person concerned may be arrested, detained and then the court decides on surrender within a short deadline. The defence must immediately examine whether there is a mandatory or discretionary ground for refusal, a proportionality problem, a fundamental-rights risk or a procedural deficiency.

In extradition cases, it is particularly important which state requests surrender, for what conduct, what penalty is threatened, and whether the minimum conditions of fair trial, humane treatment and the right of defence are ensured.

Sentencing range and double criminality

In international cases, the sentencing range usually depends on the underlying criminal offence. In cases involving economic offences, drug trafficking, money laundering or corruption, the Hungarian and foreign legal classifications may differ, so it must be examined separately how the conduct can be interpreted under Hungarian law.

In extradition and surrender cases, frequent issues include double criminality, the prohibition of ne bis in idem, limitation periods, exclusion of political or military character, and what special protection the requested person may enjoy as a Hungarian citizen or Hungarian resident.

Cross-border evidence

In international cases, evidence may be located in several countries: bank-account data, corporate documents, server data, travel data or foreign witnesses. The defence must clarify whether obtaining and using them complies with Hungarian, EU and relevant foreign rules.

It is also essential that the precise content of foreign documents is not lost because of translation or interpretation errors. A mistranslated legal category, wrongly interpreted facts or an incomplete foreign document may have serious consequences.

Defence specificities

The defence often takes place on two levels: in Hungary in the surrender or mutual legal assistance procedure, and abroad in the underlying case. The two defence directions must be coordinated, because a procedural statement made in Hungary may later become significant in the foreign underlying case.

It is important to contact foreign defence counsel quickly, obtain certified translations of documents, monitor deadlines and decide whether the client’s interests are best served by resisting surrender, voluntary cooperation or an intermediate strategy.

When is it necessary to act quickly?

If a European arrest warrant, foreign wanted notice, extradition request, cross-border economic case or foreign authority inquiry arises, time is decisive.

If you or a relative need assistance in an international criminal case, in connection with a European arrest warrant, extradition or foreign proceedings, please contact me urgently.