Dr. Annette Rosskopf will highlight the fundamental differences between German and US-criminal procedure. While both systems seek the discovery of the truth, the criminal process in Germany is follows an inquisitorial model in which the judge is the dominant protagonist, whereas in the U.S., the criminal process is a party proceeding. For clients facing parallel proceedings in both jurisdictions, the divergence can result in “the worst of both worlds”, and the application of the attorney client privilege is a textbook example.

Kai Peters will then address these differences on extradition proceedings drawing on case studies. For example, in U.S. extradition proceedings, the suspicion of a crime is reviewed by a court, in contrast to German extradition proceedings. These differences can lead to a different understanding of the German-American extradition treaty on both sides. On the German side, this applies in particular to the assumption of additional grounds for refusing extradition based on the fundamental rights guaranteed by the constitution. He will also discuss some recent decisions on the principle of speciality, which could have the potential to seriously disrupt extradition between the two countries.