Organised Crime

1What is it about?

Proceedings concerning organised crime involve offences committed on a division-of-labour basis, with an allegation of gang activity or of a criminal organisation (§ 129 StGB), for example drug trafficking, offences against property and assets, money laundering or human trafficking. They are often conducted by specialised units and involve far-reaching investigative measures.

Typical features are telecommunications surveillance (§ 100a StPO), covert investigations, observation, the analysis of large volumes of data and pre-trial detention. Frequently several accused persons are affected, so that defence interests may conflict.

2Typical case scenarios

• Allegation of membership of a criminal organisation.
• Drug trafficking or theft committed as a gang.
• Money laundering, often in connection with predicate offences committed by others.
• Analysis of encrypted communication, for instance from crypto messengers.
• Large-scale proceedings with many accused persons and several searches on a single day.

3Frequently asked questions

4How the proceedings unfold

1. Covert investigationsSurveillance, observation, analysis, often over months.
2. Arrest phaseArrests and searches, frequently at the same time.
3. Detention review and access to the case fileReview of the grounds for detention and of the evidence.
4. Indictment and main hearingExtensive taking of evidence, in some cases before the regional court or the higher regional court (Oberlandesgericht).

5What requires particular attention

• Avoid arrangements with co-accused.
• Do not comment on any details before you have seen the case file.
• Consider assistance in the investigation (Aufklärungshilfe) carefully with your defence lawyer before you make any statement.
• Assets may be seized; clarify the consequences at an early stage.

6How we defend you

We examine the lawfulness of the investigative measures, in particular surveillance, data collection and searches, and the admissibility of the evidence. We investigate what role is specifically attributed to you and whether the elements of a gang or organisation are met.

We represent you in the detention review and the main hearing, ensure that your involvement is clearly delineated and examine options such as assistance in the investigation or a negotiated agreement (Verständigung). We deal with confiscation of proceeds and attachment of assets from the outset.