International Criminal Law & Organized Crime

International criminal law and organized crime - when a case becomes larger than a single accusation

Allegations in the field of organized crime are among the most serious situations in criminal law. These cases are often not only about one specific act, but about an alleged structure: group, network, division of tasks, international contacts, money flows, encrypted communication, travel, vehicles, companies, accounts or family connections.

For accused persons, this is especially dangerous. Investigators no longer look only at one individual act. They try to build a wider picture. Ordinary contacts can be interpreted as alleged contributions to a crime. Chat messages can become alleged evidence of involvement. Travel or money movements can be used to suggest international criminal activity.

"In organized crime cases, the defence often depends on separating the client’s actual role from the broader investigation narrative: what is truly proven - and what is only interpretation?"

— Tom Beisel, Attorney at Law (Germany)

Attorney Tom Beisel defends clients in complex criminal proceedings with international elements, especially in cases involving criminal organizations, money laundering, narcotics offences, extradition, European Arrest Warrants, searches, pre-trial detention and asset seizure.

What does organized crime mean in criminal proceedings?

Organized crime is not one single offence. It often describes a certain type of alleged conduct or investigation structure. Authorities assume that several people acted together in a planned, structured and long-term way.

Typical areas include:

→drug trafficking
→money laundering
→fraud
→migrant smuggling
→human trafficking
→arms trafficking
→tax and customs offences
→cybercrime
→gang-related theft
→robbery or extortion
→international movement of assets
→criminal or terrorist organizations

In such proceedings, extensive investigative measures are often used: telephone surveillance, observation, searches, asset freezing, analysis of mobile phones, chat protocols, bank data and international mutual legal assistance documents.

§ 129 StGB - criminal organization

One particularly serious allegation is the formation or support of a criminal organization under § 129 StGB.

This allegation may become relevant if investigators assume that an organization exists whose purpose or activity is directed toward committing serious criminal offences.

The case is then not only about whether one specific offence was committed. It is also about questions such as:

→Did an organization actually exist?
→Did this organization have a certain structure?
→Was there a common purpose?
→Was this purpose directed toward criminal offences?
→Was the accused a member?
→Or is the accused alleged only to have supported the organization?
→What specific role is attributed to the accused?
→What evidence actually proves this role?

⚠️ Important: In § 129 StGB cases, it is crucial to distinguish carefully between contact, environment, sympathy, mere acquaintance, support and real membership.

§ 129b StGB - organizations abroad

Cases become particularly complex when the alleged organization is based abroad. In that situation, § 129b StGB may become relevant.

Such proceedings may involve international elements such as:

→alleged organization abroad
→communication with persons abroad
→money transfers abroad
→travel
→foreign investigation files
→international legal assistance
→interpreters and translations
→foreign criminal proceedings
→political or security-related classification

The defence in such proceedings is demanding. It must be checked whether German prosecution authorities are competent, which facts come from abroad, how reliable foreign information is and whether translations or summaries are correct.

Membership or support - the difference is decisive

In proceedings involving criminal organizations, a distinction is often made between membership and support.

Membership means that the person is alleged to be integrated into the organization. Support, by contrast, means that someone allegedly helped the organization from the outside.

This distinction is important because it affects both the legal assessment and the defence strategy.

The following must be examined:

→Was there fixed integration into the organization?
→Were there instructions or hierarchy?
→Were there regular tasks?
→Was there a shared objective?
→Did the accused know about alleged crimes?
→Did the act actually promote the organization?
→Or was it a neutral everyday act?
→Were contacts overinterpreted?

Examples of problematic interpretation:

→A driver is portrayed as part of logistics.
→A family member is treated as a supporter.
→A money transfer is interpreted as criminal financing.
→A chat message is read without context.
→An acquaintance is portrayed as an organizational contact.

International criminal proceedings - why they are especially dangerous

International criminal proceedings are often difficult for accused persons to understand. Several countries, authorities and file components may be involved.

Typical problems include:

→investigations in several countries
→foreign arrest warrants
→European Arrest Warrants
→Interpol notices
→extradition proceedings
→mutual legal assistance requests
→foreign witness statements
→translation problems
→different criminal law systems
→parallel proceedings
→asset freezing in several countries
→travel restrictions
→uncertain jurisdiction

For the defence, this means that reading only the German file excerpt is not enough. It must be understood where the information comes from, how it was obtained and whether it is reliable and usable in German proceedings.

European Arrest Warrant and extradition

An international criminal allegation can very quickly lead to arrest. Within the European Union, the European Arrest Warrant plays a particularly important role.

Sometimes, affected persons only find out during a police check, at an airport or when entering a country that an arrest warrant exists.

Then immediate questions arise:

→Which state is searching for the person?
→Is the case about prosecution or sentence enforcement?
→What offence is alleged?
→Is there a European Arrest Warrant?
→Are the documents complete?
→Is extradition lawful?
→Are there obstacles to extradition?
→Is detention pending extradition threatened?
→Is there a possibility to prevent extradition?
→Can release from detention be achieved?

⚠️ Important: In extradition matters, time is decisive. After an arrest, no statement on the substance of the case should be made before a lawyer has checked which state is demanding what exactly.

International mutual legal assistance - evidence from abroad

Many organized crime proceedings are based on information from other countries.

This may include:

→witness statements
→police reports
→surveillance reports
→chat data
→bank documents
→telephone interceptions
→location data
→travel data
→company documents
→customs information
→tax information
→DNA or fingerprint traces

Such evidence must be examined critically. Not every piece of foreign information is automatically correct, complete or usable without further review.

Important defence questions include:

→How was the evidence obtained?
→Which authority produced it?
→Are original documents available or only summaries?
→Are translations correct?
→Was the full context transferred?
→Were exculpatory details communicated?
→Are there gaps in the chain of evidence?
→Were German procedural rights respected?

Search in organized crime cases

Searches are common in organized crime proceedings. They may affect not only homes, but also offices, vehicles, storage rooms, bank accounts, mobile phones, computers and business premises.

During a search:

→stay calm
→request the search warrant
→do not make statements about the accusation
→do not voluntarily hand over passwords without legal review
→do not destroy documents
→do not discuss the accusation
→note the names of officers
→request the seizure list
→contact a defence lawyer immediately

After the search, access to the case file is decisive. Only then can it be assessed what the suspicion is actually based on.

Pre-trial detention - flight risk, risk of collusion, risk of reoffending

In international organized crime cases, pre-trial detention is often threatened. Prosecutors frequently argue that there is a flight risk because of international connections.

Typical prosecution arguments include:

→foreign nationality
→residence abroad
→contacts abroad
→high expected sentence
→financial resources abroad
→unclear identity
→alleged organizational structure
→risk of collusion with co-accused persons
→risk of reoffending

The defence must respond with concrete counterarguments:

→fixed residence
→family in Germany
→work or training
→registered address
→cooperation with proceedings
→lack of flight incentives
→security deposit
→conditions
→surrender of travel documents
→reporting obligations
→electronic availability

⚠️ Important: Detention review and detention complaint must be prepared strategically. An unprepared application can make the situation worse if the court confirms the detention grounds in detail.

Money laundering under § 261 StGB

In international criminal proceedings, money laundering often plays a central role. Investigators examine whether money or assets originate from criminal offences and were transferred, hidden, used or invested.

Typical suspicious circumstances include:

→large amounts of cash
→unexplained account movements
→transfers abroad
→cryptocurrencies
→shell companies
→assets held by relatives
→real estate purchases
→luxury goods
→company shares
→cash deposits
→frequent currency exchanges
→payment flows without clear economic reason

The defence often has to work both economically and legally. It is not enough to say: "The money is legal." The origin, payment routes and economic background must be explained and documented in a traceable way.

Asset freezing and confiscation

Organized crime cases almost always involve money. Prosecutors therefore frequently secure assets.

Affected assets may include:

→bank accounts
→cash
→vehicles
→real estate
→jewellery
→watches
→cryptocurrencies
→company shares
→claims
→business accounts
→assets of relatives

Asset freezing can threaten economic existence. Companies may no longer be able to make payments, families may lose access to accounts and ongoing expenses can become difficult.

It must be checked:

→Is there an asset freezing order?
→What amount is secured?
→Which offence is the order based on?
→Is the calculation understandable?
→Are the assets actually attributable to the accused?
→Is there proof of legal origin?
→Is partial release possible?
→Are relatives or companies wrongly affected?

Chat analysis, EncroChat, Sky ECC and digital evidence

Many organized crime cases today are based on digital data. This includes chat histories, messengers, location data, photos, contacts, cloud data and encrypted communication.

Typical problems include:

→the accused is assigned to a user ID
→chat names are attributed to specific persons
→messages are taken out of context
→translations are inaccurate
→several people use the same device
→irony, code language or slang is misinterpreted
→images are evaluated without temporal context
→location data is overstretched
→contacts are interpreted as criminal involvement

The defence must examine:

→Is the attribution to the person secure?
→Are there technical doubts?
→Is the chat complete?
→Are there exculpatory passages?
→Do times and locations match?
→Are translations correct?
→Are there alternative explanations?
→Can the use of the evidence be challenged?

⚠️ Important: Digital evidence often appears stronger than it is. The decisive question is not whether a message sounds incriminating, but whether it reliably proves what the prosecution claims.

Gang-related commission - not every group is a gang

Many criminal offences provide for higher penalties if they are committed by a gang. This may affect drug offences, theft, fraud or migrant smuggling cases.

But not every group is automatically a gang. It must be examined carefully:

→How many persons were allegedly involved?
→Was there a fixed connection?
→Was there an agreement to commit several offences?
→Was the accused part of this agreement?
→Or were there only individual contacts?
→Was there joint planning?
→Was the specific contribution proven?

This distinction is important because a gang allegation can significantly increase the expected penalty.

Narcotics and international supply chains

A large part of organized crime proceedings involves narcotics. These cases often concern cross-border supply chains, courier trips, storage locations, money flows and encrypted communication.

Typical allegations include:

→importation of narcotics
→drug trafficking
→gang-related drug trafficking
→non-small quantity
→courier transport
→storage
→financing
→mediation
→organization of transports
→money laundering from drug proceeds

Possible defence approaches may include:

→no knowledge of the contents of the delivery
→no participation in trafficking
→only a subordinate role
→incorrect attribution of communication
→unclear quantity
→unclear active substance content
→no gang connection
→no principal liability, at most aiding and abetting
→evidentiary issues with digital evidence

Smuggling and human trafficking

Smuggling and human trafficking proceedings also often have international elements. These proceedings are particularly sensitive because they are often connected with serious allegations, victim protection, foreign elements and media pressure.

It must be examined:

→Was smuggling actually organized?
→Or was it family assistance?
→Was there an intention to make profit?
→Were documents false or genuine?
→Did the accused know about illegal entry?
→Was there coercion, exploitation or deception?
→Are witness statements reliable?
→Are there translation problems?
→Were cultural or family structures misinterpreted?

Especially in these cases, there is a risk that human, family or economic relationships are criminalized too quickly.

Cybercrime and international investigations

Cybercrime proceedings are often international. Servers, victims, payment routes and accused persons may be located in different countries.

Typical allegations include:

→computer fraud
→phishing
→fake shops
→investment fraud
→crypto fraud
→ransomware
→handling stolen data
→data spying
→money laundering through accounts or cryptocurrencies

In such proceedings, the evidence is often technically complex. IP addresses, wallets, exchanges, bank accounts and chat groups must be attributed correctly. A wrong technical attribution can have serious consequences.

What to do after a summons or suspect interview?

Anyone who receives a summons regarding organized crime, money laundering, § 129 StGB or international criminal law should not make any statement before the case file has been reviewed.

This applies especially to questions such as:

→Do you know this person?
→Who owns this phone number?
→Were you a member of a group?
→Why did you receive money?
→Why were you abroad?
→What does this chat message mean?
→Who owns this account?
→Why does your name appear in foreign files?

⚠️ Important: In complex proceedings, seemingly harmless answers can later be used as confirmation of an investigative assumption.

Defence strategy in organized crime cases

A strong defence strategy begins with access to the case file and clarification of the alleged role.

Central questions include:

→What exactly is alleged?
→Which specific act is the client supposed to have committed?
→Are there only environmental contacts or actual contributions?
→What evidence exists?
→Which evidence comes from abroad?
→Are digital data correctly attributed?
→Are there exculpatory messages or circumstances?
→Are there translation errors?
→Can pre-trial detention be challenged?
→Were assets wrongly frozen?
→Is a negotiated outcome possible or dangerous?
→Is parallel defence abroad necessary?

The goal of the defence is to extract the individual case from the mass of the large-scale investigation. The client must not be made responsible for an entire structure if concrete individual contributions are missing.

Typical mistakes by accused persons

Typical mistakes in organized crime proceedings include:

→making a statement without file access
→trying to “briefly explain” oneself
→handing over passwords without review
→deleting chats or files
→contacting co-accused persons
→uncontrolled conversations from detention
→underestimating telephone surveillance
→money movements after a search
→travelling despite possible arrest warrant
→ignoring mail from abroad
→careless statements to banks
→not checking asset freezing orders
→contacting a defence lawyer too late

⚠️ Important: In organized crime proceedings, an early mistake can shape the entire case. Silence and immediate contact with a defence lawyer are usually the safest first steps.

Which documents does the defence lawyer need?

For a fast initial assessment, the following documents are helpful:

→summons
→search warrant
→seizure list
→arrest warrant
→European Arrest Warrant
→extradition documents
→letters from the prosecution
→court letters
→asset freezing orders
→account freezes
→list of seized items
→chat extracts, where available
→translations
→foreign documents
→information about residence, work and family
→information on ongoing foreign proceedings

If no documents are available, contact should still be made immediately. Access to the case file can usually only be obtained through the defence lawyer.

FAQ

What does organized crime mean?

Investigators usually use this term to describe coordinated action by several persons over a certain period. Legally, this may involve different offences such as drug trafficking, money laundering, fraud or criminal organization.

What is § 129 StGB?

§ 129 StGB concerns criminal organizations. Formation, membership, support or recruitment for such an organization may be punishable.

What is § 129b StGB?

§ 129b StGB extends the rules on criminal and terrorist organizations to organizations abroad. This means international structures may become the focus of German investigations.

Do I have to go to the police?

As an accused person, you generally do not have to follow a police summons. Before making any statement, the case file should be reviewed through a defence lawyer.

What should I do during a search?

Remain silent, request the warrant, do not discuss the accusation, request the seizure list and contact a defence lawyer immediately.

Is pre-trial detention possible?

In international organized crime cases, pre-trial detention is often threatened, especially due to alleged flight risk or risk of collusion. Detention review or complaint must be prepared carefully.

What is a European Arrest Warrant?

A European Arrest Warrant can lead to arrest and extradition within the EU. After an arrest, it must be checked immediately whether obstacles to extradition exist.

What matters in money laundering cases?

The key issue is often whether the origin and use of assets can be explained in a traceable way. Account movements, cash, foreign transfers and company structures must be examined carefully.

Can accounts or vehicles be frozen?

Yes. In complex criminal proceedings, assets may be secured. Legal steps against asset freezing and confiscation can be examined.

How do you defend an international large-scale criminal case?

First through access to the case file, clarification of the individual role and evidence analysis. The decisive point is to separate the individual allegation from the general suspicion against a group.

Contact - defence lawyer for international criminal law and organized crime

Are you accused of organized crime, § 129 StGB, money laundering, drug trafficking, smuggling or involvement in a criminal organization? Was there a search, arrest, extradition request, European Arrest Warrant or asset freezing order?

Attorney Tom Beisel examines the accusation, requests access to the case file, develops the defence strategy, handles detention issues and represents clients in criminal proceedings.

→Mobile: +49 172 8974716
→Office: 0201 4517 380
→Email: kanzlei@rechtsanwalt-beisel.de
→Address: Bredeneyer Str. 2b, 45133 Essen

Criminal defence in German, English and Russian - discreet, clear and nationwide.

International Criminal Law and Organized Crime - defence in § 129 StGB, extradition and money laundering cases