German Judges Association DRB wants to improve EU prosecution and criticizes
Outwardly, Italy likes to act bigoted. Here Maria statues of a cemetery in Milan. But in reality, the judiciary extensively covers up for mafia and rip deal gangsters and refuses to cooperate internationally in criminal prosecution. (Image: pxiabay)
K criminal Germans who abscond to the USA often have nothing to fear. For once 50.000 euros paid for the green card, possibly still has a few hundred thousand euros or millions in the account, is unlikely to be extradited from the U.S. to Germany, even with a high criminal record. This is not an isolated case:
Also Italian prosecutors almost consistently refuse to cooperate internationally with German prosecutors or judges in criminal prosecution or civil law. People shy away from the additional more complex work.
But German public prosecutors are not exactly known for meeting with Slovenian prosecutors in Ljubljana, for example, in order to arrest a criminal. Rather hints are simply ignored, knows anwalt-innovativ from a very concrete incident, about which even Slovenian public prosecutors are annoyed.
Victims often look down the tube
"No prosecutor from Germany has contacted me in the proceedings, although it massively affects German victims," anwalt-innovativ was told by a prosecutor from Slovenia who is trying to clear up rip deals. A prosecutor from Zagreb expressed a similar opinion.
Even if little is likely to change about the lack of cross-border prosecution in the EU or between the EU and the US:
Now, the German Judges Association (DRB) has demanded improvements in the planned EU regulation on the cross-border collection of electronic evidence (E-Evidence Regulation). This was communicated by the DRB in a press release. However, the Judges Association also strikes critical tones, especially with regard to data protection:
"According to the draft regulation, the law enforcement authorities of the member states can directly access providers in other states and thus data located there on a cross-border basis – this in principle without control by the national authorities there," criticized the chairman of the DRB, Jens Gnisa, and continues:
"In the interest of improving international criminal prosecution, we do in principle support the EU Commission's goal of simplifying and accelerating the cross-border collection of evidence from electronic data. However, this must not be at the expense of the rule of law standards that a person affected by the collection of his or her data can expect. Despite the changes made by the Council, we can not yet see sufficient protection of the rule of law."
Specifically, the DRB demands that "at least in the case of so-called transaction and content data, the state of the place of collection ("executing state") must have the possibility to "effectively object to the state that ordered the surrender" ("ordering state") "to the transmission of the electronic data in the event of legal impediments". Thus, one would want a "hard right of appeal".
Why the judges' association demands this, however, remains somewhat in the dark. This is because, conversely, German judges or prosecutors would then be able to gather evidence against criminals internationally much more easily than they have been able to do so far:
Italy's judiciary covers up mafia and rip deal gangsters
For example, the Italian judiciary almost never releases information on Italians or citizens living in Italy who are involved in criminal cases in Germany. Above all, the judiciary in Milan (Milano), Rome or Venice is covering up for the mafia, which is increasingly scamming hundreds of millions of euros in Europe via rip deals.
For this, it works very successfully across borders and is active in all business areas that make money: The bitcoin scam, real estate scam, loan scam, car scam, jewelry scam, antique scam and much more.
The principle is always the same: one offers alleged prices for a product that are significantly above market value. In return, the victims are lured under false pretenses abroad to countries such as Slovenia, Serbia, the Netherlands or Italy, often to luxury hotels or similar supposed public hotspots. That's where you implicate victims in shady cash transactions. Mostly you are supposed to bring cash abroad for something – usually over 10.000 euros.
You lure victims into money laundering schemes
The amount is not high by chance. Reason: This is how one drags the victims into money laundering transactions on top of that because of too high cash executions. Then you steal the victims' money in restaurants, a parking lot, a shopping mall, or a hotel lobby. Since victims are afraid of money laundering allegations, they then often do not dare to file a report against the perpetrators. One is afraid of having made oneself liable to prosecution. Add to that:
The criminals are very clever, using prepaid cell phones bought from refugees and presenting dozens of forged passports. Apart from the fact that the pictures are sometimes correct, nothing is true about such passports. To make matters worse, who dares to photograph passports in a deal where they hope to make a killing??
The most famous German victim of such an internationally criminal rip deal was the German Fluege.de and Ab-in-den-urlaub.de founder Thomas Wagner of Unister Holding in Leipzig, which once employed more than 2000 people.
Thomas Wagner most prominent German victim
A real estate dealer from Leipzig had gained Wagner's trust and passed him on to dubious alleged "credit brokers," who in turn lured him to Venice with the promise: If he would pay a "credit default insurance" in the amount of 1.5 million euros in cash, he would allegedly receive a "bridging loan" in the amount of 15 million euros for a planned IPO. Everything was of course lies and deception.
On the return flight from Venice, Thomas Wagner had died in a private plane over Slovenia in a dubious plane crash with three other victims – at the age of only 38 years. In Venice, the 1.5 million euros were taken from him in a cleverly chosen hotel parking lot, which was hardly monitored by cameras.
Instead of real money, he had been hit with a suitcase of counterfeit money. Only the top layer was genuine. The rest were Swiss franc flowers bundled in the middle, so that the "facsimile" imprint could not be seen.
Venice's prosecutors stonewall and give nothing away
Until today, the prosecutors in Venice are said to more or less refuse to cooperate with the Prosecutor General's Office in Dresden in this case. A prominent example of the lack of cooperation between EU law enforcement agencies.
In any case, the German Judges Association also announced that they also objected "that the principle of mirror-image criminal liability had been abandoned".
For example, the scope of application of the new EU Criminal Prosecution Regulation is partly dependent on the respective maximum penalty (three years' imprisonment) in the respective issuing state. However, let this be taken much too far. In addition, the new legal situation is "inconsistent".
It is not right, for example, "that the surrender of data should depend on the randomness" of the penalty imposed for the crime in question in the issuing state.
Data from criminals
He is even less in favor of the fact that the release of data on criminals is independent of "whether the crime being prosecuted constitutes a crime at all" in the executing state. This was explained by Hans Jorg Stadtler-Pernice, DRB Presidium Member for European Law.
The association of judges therefore believes it is necessary to draw up a catalog of offences, "as is known from other international legal instruments". The proposal of the German Judges Association is "currently being discussed in the European Parliament in the LIBE Committee, which is the lead committee there," according to the DRB. The trilogue process between the Parliament, Council and Commission would then begin.