Criminal defense in proceedings
the European Public Prosecutor's Office (EPPO)
The lawyers at our criminal law firm, based in Hamburg, regularly defend clients in criminal proceedings conducted by the European Public Prosecutor's Office (EPPO) – in Hamburg, Northern Germany, and throughout Germany. We have extensive experience defending clients in EPPO proceedings during the preliminary investigation phase – because our primary goal is always to avoid a trial. If this is not possible in a specific case, we will, of course, stand by your side in court proceedings with our experience and attention to detail. Our focus is always on effectively protecting your rights in complex, cross-border criminal cases, often involving very high sums of money.
What does the European Public Prosecutor's Office do?
The European Public Prosecutor's Office (EPPO) is an independent EU authority based in Luxembourg that prosecutes crimes against the EU budget, such as fraud involving EU funds, corruption, money laundering, and cross-border VAT fraud. The proceedings always have a European dimension and typically involve several EU member states.
In Germany, there are five centers in Berlin, Hamburg, Frankfurt, Cologne, and Munich, where a total of eleven European Delegated Prosecutors work. They conduct investigations independently and cooperate closely with national police, customs, and tax authorities. They can request extensive enforcement measures, such as house searches, seizures, and various surveillance measures. The European Public Prosecutor's Office (EPPO) has its own powers to bring charges before the national courts of the respective EU member states; however, for example, the EPPO in Hamburg is not necessarily required to bring charges before a Hamburg court.
Distinction from OLAF and Eurojust
Even before the European Public Prosecutor's Office (EPPO), there was the European Anti-Fraud Office (OLAF), an agency that uncovers misuse of EU funds but does not itself conduct criminal proceedings. Eurojust, based in The Hague, has for years coordinated cooperation between national judicial authorities, supported joint investigation teams (JITs) and the execution of European arrest warrants, but does not exercise its own power to prosecute.
Investigative measures, judicial review and rights of the accused
Even though the EU Public Prosecutor's Office Regulation contains specific provisions, the procedures and investigative measures are essentially governed by the code of criminal procedure of the respective EU Member State. Judicial review of these procedures repeatedly poses problems in practice. In a 2023 ruling, the European Court of Justice clarified that courts in the state where a measure ordered by the EU Public Prosecutor's Office is enforced may, in principle, only review the execution of the measure, but not its substantive grounds. Further rulings are expected to follow, specifying the framework for judicial review and the available defenses in EU Public Prosecutor's Office proceedings.
The multilingual nature of the case files, which are often compiled by investigative authorities from different EU member states and thus in various languages, also presents a unique challenge in defense proceedings before the European Public Prosecutor's Office (EPPO). Furthermore, it is essential to be able to handle cross-border investigative measures and their legal requirements.
Typical allegations and special features of the proceedings
In Germany, a large proportion of EU Public Prosecutor's Office (EPPO) proceedings concern complex VAT fraud, often organized in the form of so-called carousel fraud. These proceedings are frequently characterized by high amounts of damages, lengthy investigations, extensive digital evidence, and the involvement of multiple states, making specialized criminal defense absolutely essential.
Criminal defense in Hamburg, Northern Germany and nationwide
From our Hamburg office, we defend suspects and defendants in proceedings before the European Public Prosecutor's Office (EPPO) in courts in Hamburg, Schleswig-Holstein, Lower Saxony, Bremen, and throughout Germany. We have already reviewed defense cases before the EPPO in Düsseldorf, Munich, and on several occasions in Hamburg.
Especially in the case of searches, arrests or the first summons by the European Public Prosecutor's Office or other investigating authorities, it is crucial to engage a criminal defense lawyer experienced in economic and tax criminal law and especially in defending against EUPO proceedings at an early stage.
As a criminal law firm in Hamburg with extensive experience in international criminal proceedings, we are available to clients in Northern Germany and throughout Germany at short notice – in person or via secure video conference. We analyze the evidence, ensure compliance with national and European procedural law, and develop a tailored defense strategy – from the preliminary investigation to the main trial.