Criminal Cases involving the European Public Prosecutor’s Office

The European Public Prosecutor’s Office (or EPPO) has the power to investigate and prosecute crimes that affect the financial interests of the European Union (EU).

It should be noted that should the EPPO secures a conviction, it can impose penalties in line with the national laws of the participating member states. These penalties include fines, confiscation of assets and property, and imprisonment. The EPPO can only request penalties in line with the national laws of the participating member states. The final decision on the penalties imposed rests with the national courts of the member state concerned.

The offences that the EPPO can investigate include the following:

• Fraud, including intentional deception or misrepresentation, such as falsifying documents, making false claims, or misusing funds, results in financial gain or causes a loss to the EU budget.
• Corruption, including acts of bribery, influence-peddling, or abuse of power, resulting in financial gain or causing a loss to the EU budget.
• Money laundering, including acts such as converting or transferring proceeds from criminal activities to make them appear legitimate.
• Cross-border VAT fraud, including schemes where companies evade value-added tax (VAT),
• Misuse of EU funds, such as misusing or diverting EU funds for personal or private gain or using the funds for purposes other than those for which they were intended,
• Smuggling, such as smuggling drugs, counterfeit goods, or other prohibited items, in a way that affects the financial interests of the EU.
• Cybercrime includes computer-related crimes, such as hacking, cyber-attacks, or online fraud.

The EPPO can investigate and prosecute these offences, even if they have not been prosecuted at the national level, as long as they involve at least two member states or significantly affect more than one EU member state.

The introduction of the EPPO has increased the demands on businesses to ensure they comply with EU regulations. Compliance steps, such as understanding the rules, completing regular audits, providing training for employees and implementing whistleblower programs, are vital for businesses.

At Schlun & Elseven Rechtsanwälte, our full-service approach provides all of these services for enterprises in these matters. We offer industry-specific legal counsel allowing your company to remain familiar with the relevant EU regulations that apply to its industry or sector.

The relevant regulations that businesses should clearly understand include those relating to competition law, consumer protection, data privacy and financial crime associated with their industry. Companies should strongly consider training programs on anti-corruption measures, data privacy, and anti-money laundering procedures to ensure they remain compliant with EU law.

Furthermore, regular audits involving reviews of policies and procedures, conducting risk assessments and having robust internal controls are necessary to ensure adherence to the law.

Secure whistleblowing mechanisms within the company are crucial. In October 2019, the EU adopted the “Whistleblower Directive”, which aims to create a uniform standard for protecting whistleblowers within the EU. There have been difficulties in implementing it in Germany; however, should it be enforced, it will place significant demands on businesses to introduce whistleblowing mechanisms within their company. The Directive aims to protect employees and other groups, for example, former employees, trainees, and job applicants

Our law firm advises business clients regarding introducing secure, confidential, effective, and suitable internal mechanisms to deal with grievances. Companies should prepare to comply with future legal regulations and promote internal reporting to protect the company. Such whistleblowing procedures can prevent employees from voicing their concerns to the authorities or media, as they can do so within the company.

Several safeguards are in place to protect defendants’ rights when dealing with the EPPO. Considering the power of the organisation and its capacity to fine and further sanction individuals, these measures are essential.

There is a presumption of innocence in such cases, and the burden of proof is on the prosecution. They must demonstrate that the offender’s guilt is “beyond reasonable doubt”. Defendants also have the right to a fair trial with all this right entails, including the right to legal representation, the right to remain silent, the right to access evidence, and the right to an interpreter if needed.

The checks and balances within the system should also ensure that investigations are free from political influence and interference. The EPPO is subject to oversight by the European Court of Justice (ECJ). The EPPO also needs to work closely with national authorities and respect their legal and procedural rules.

The EPPO College is the governing body of the EPPO, composed of the European Chief Prosecutor and the delegated prosecutors of the participating EU Member States. The EPPO College is responsible for appointing the Chief Prosecutor of the EPPO, establishing the organisation’s policies, managing its budget and supervising investigations.

At Schlun & Elseven Rechtsanwälte, our criminal defence lawyers provide individuals and businesses with comprehensive legal support in cases involving the EPPO. Once clients have consulted with us, we can outline the EPPO’s jurisdiction, procedures and the potential consequences involved in such cases. From there, we advise clients regarding the best course of action they can take in their case.

In cases where the EPPO is investigating the business, our lawyers can advise clients regarding the likelihood that a case will be brought and their rights during the investigation. Clients can ensure they are not subject to unjustified intrusion on their work practices by consulting with our legal team.

Should a case be brought against an individual or business, our lawyers are available to represent them in hearings and trials. Similarly, our team can represent them in any negotiations involving the EPPO.

Our lawyers are also available to advise companies and individuals that want to ensure they remain compliant with the relevant EU regulations about the applicable compliance requirements for their business. Our team will analyse their current procedures and policies and assist them with implementing robust internal controls. For more information about our services, please do not hesitate to contact our firm directly.