A criminal investigation opened in Germany against an Israeli client rarely stays in Germany. Evidence, witnesses, bank accounts, payment providers and suspects are often spread across several countries at once, and a step taken in one jurisdiction can immediately affect the proceedings in another. A case like this needs a criminal defence lawyer who runs every front as a single strategy rather than a series of separate files. Our firm represents Israeli and foreign clients in exactly these matters — alleged online fraud, internet-based deception, forex operations, online theft of funds, money laundering and related financial offences — alongside extradition and detention proceedings.
International criminal defence in German cases
Our firm handles cross-border criminal cases connected with Germany, from the investigation and the arrest warrant through to closure of the file, a negotiated resolution or trial.
I have practised criminal law, extradition, INTERPOL matters and international crime for close to three decades, and I serve as Chairman of the Extradition and International Crime Committee of the Israel Bar Association. Our firm works across Europe — particularly in Germany — and in the United States.
Where proceedings take place before a German authority or court, we work with admitted German defence counsel: we manage the international strategy, the client relationship and the coordination between jurisdictions, and local counsel appears in court. We have handled a number of German matters involving alleged online fraud, internet-based deception, forex operations, online theft of funds and money laundering, including proceedings connected with authorities and courts in Berlin, Bamberg and Munich.
Closure of the German proceedings concerning Simon Leviev
Our firm recently led the international defence of Simon Leviev, known worldwide following The Tinder Swindler. After his arrest in Georgia on the basis of a German request, the German authorities withdrew the extradition request, the relevant warrants were cancelled, and all proceedings then pending against him in Germany were closed.
The outcome shows why the evidence and the legal basis for arrest and extradition must be tested independently — even, and perhaps especially, where a case has attracted extensive international media coverage.
How a German criminal case proceeds
What happens at the investigation stage
A German criminal case normally begins with a preliminary investigation led by the public prosecution office with police assistance. Under section 160 of the German Code of Criminal Procedure (StPO), prosecutors must investigate both incriminating and exonerating circumstances. In online fraud and forex cases, investigators may collect phone and computer data, messages, corporate records, payment flows, recordings, marketing materials and statements from customers and employees.
Whether to give an account is a strategic decision, not a technical one. A suspect has the right to remain silent, to consult a lawyer and to receive interpretation or translation where needed. In most cases the defence should first clarify the allegations and obtain such access to the file as the law permits, and only then decide whether, when and how the client should respond — the same discipline that applies to a police interview in Israel.
When charges are brought and when the file is closed
At the end of the investigation the prosecution decides whether there is sufficient reason to bring public charges. If not, section 170 of the Code requires termination of the proceedings. If an indictment is filed, the court then decides whether to open the main proceedings. Contrary to what is sometimes assumed, Germany does not use an American-style jury in ordinary criminal trials; depending on the court and the seriousness of the case, the bench may consist of professional judges together with lay judges.
When pretrial detention applies, and what the alternatives are
Pretrial detention generally requires strong suspicion and a statutory ground for arrest — such as flight risk or a risk of interference with evidence — and it must remain proportionate. Section 116 permits a judge in suitable cases to suspend enforcement of an arrest warrant subject to conditions: regular reporting, territorial restrictions, residence at an approved address, restrictions on contact or security. These measures are not an automatic form of house arrest — the court assesses the particular risks and the safeguards proposed in each case.
Online fraud, forex and theft of funds: what the file turns on
General fraud is governed by section 263 of the German Criminal Code (StGB). The basic offence is punishable by a fine or imprisonment for up to five years. Especially serious cases — which may include systematic commercial conduct, major loss or multiple victims — can carry a higher range of up to ten years. Conduct involving manipulation of data processing may also be investigated as computer fraud under section 263a, a point that overlaps with cybercrime allegations.
In cases involving sales centres, forex, crypto or investment platforms, the personal responsibility of each participant is critical. Employment by a company or call centre does not by itself prove knowledge of fraud. The defence must examine the person’s actual role, the representations made to customers, the information available to the employee, control over funds, decision-making authority, financial benefit and the inferences that can properly be drawn from messages and internal systems. These are the same questions that decide fraud and embezzlement files.
Allegations may also include money laundering, confiscation and restraint of bank accounts or other assets. The defence in cross-border white collar matters must therefore address two fronts at once: the client’s personal liberty and the exposure of their property.
Extradition to Germany and international arrest notices
Where a person is in Israel and Germany seeks extradition, the request is assessed under Israel’s Extradition Law and the applicable international framework. A German arrest warrant or an INTERPOL notice does not by itself make a person extraditable. Israeli proceedings examine matters that may include the applicable treaty basis, dual criminality, the required evidentiary foundation, identity and statutory bars to extradition. If the person is located in an EU Member State, the European Arrest Warrant system may apply; Israel is not part of that system.
An arrest outside Germany requires coordinated action in both the arresting state and Germany. Depending on the facts, it may be possible to challenge the warrant, seek conditional release, clarify the status of the German investigation or approach the prosecuting authority before surrender. The choice between contesting extradition, agreeing to a controlled surrender or seeking to resolve the underlying case requires a case-specific assessment of the evidence, the risk and the law in every relevant jurisdiction.
What our representation covers
- Urgent review of an arrest warrant, INTERPOL notice or extradition request
- A coordinated strategy for Israel, Germany and any additional jurisdiction
- Coordination with admitted German criminal counsel in Berlin, Bamberg, Munich or the relevant district
- Applications concerning detention, release conditions, security and travel restrictions
- Analysis of digital evidence, payment flows, employee roles and corporate structures
- Submissions seeking to narrow allegations, avoid indictment or secure closure of proceedings
- Defence in relation to frozen accounts, confiscation and assets connected with an investigation
- Careful media strategy where a case attracts public attention
Why early action matters
In a cross-border case, an act in one country can immediately affect proceedings elsewhere. An unplanned interview, surrender of a phone without reviewing the legal authority, contact with a witness or travel through a third country may alter the detention and extradition position. Early advice allows the defence to verify the client’s legal status, preserve exculpatory evidence, coordinate counsel across jurisdictions and maintain a consistent strategy.
If you learn of an investigation, an arrest warrant or an extradition request connected with Germany, obtain advice before giving an account, before international travel and before any contact with an authority.
Frequently asked questions
Can an Israeli lawyer appear alone in a German criminal court?
No. Criminal defence before a German court is conducted by counsel admitted to practise in Germany. Our firm manages the Israeli and international aspects of the case — strategy, client communication and coordination between jurisdictions — and works alongside the German defence lawyer who appears in court.
Does a German investigation automatically lead to extradition?
No. Extradition is a separate legal process, assessed under the law and international obligations of the arresting state. In some cases the defence can obtain information about the status of the German file, challenge a warrant or pursue a resolution before surrender.
Can a suspect be released subject to conditions in Germany?
In an appropriate case, yes. Section 116 of the German Code of Criminal Procedure allows a court to revoke an arrest warrant or suspend its enforcement subject to conditions. The decision depends on the strength of suspicion, the asserted detention ground, ties to Germany, assurances of appearance and the safeguards proposed. Such measures are not an automatic form of house arrest.
What matters most in a forex or call centre case?
Separating the participants. The roles of owners, managers, finance personnel, technology staff and sales employees must be distinguished. Individual knowledge, actual authority, financial benefit and involvement in the representations made to customers are the central issues — employment by a company or call centre does not by itself prove knowledge of fraud.
Official legal sources
- German Criminal Code — StGB
- German Code of Criminal Procedure — StPO
- Official English translation of the Criminal Code
- Official English translation of the Code of Criminal Procedure
This page provides general information and is not a substitute for legal advice based on the facts, the arresting jurisdiction and the procedural stage of a particular case. A Hebrew version of this page is available at עורך דין פלילי בגרמניה.
