Dr. Heike Neuhaus. Federal Prosecutor General Head of Department Central Tasks; Espionage Staff Espionage 1 Espionage 2 Administration EU IT Espionage.

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Presentation transcript:

Dr. Heike Neuhaus

Federal Prosecutor General Head of Department Central Tasks; Espionage Staff Espionage 1 Espionage 2 Administration EU IT Espionage 3 Crimes against International Law Cyber- espionage Head of Department Appeals Appeals 1 Appeals 2 Appeals 3 Appeals 4 Appeals 5 In-house Counsel Head of Department Terrorism General tasks German terrorism right wing/ left wing International terrorism 1 Religion based German terrorism International terrorism 2 German terrorism right-wing PKK International terrorism Turkey International terrorism 3 International terrorism 4

The Federal Public Prosecutor General in Germany Responsibilities 1)Public prosecutor‘s office in the proceedings on appeals on law at the Federal Court of Justice 2)Investigation and prosecution in the field of -Genocide; -Crimes against humanity under International Law; -War Crimes; -War of Aggression; -State Security: -- espionage -- terrorism

Whoever participates in an organization as a member or forms an organization whose purposes or activities are aimed to perpetrate: - murder, -manslaughter, -genocide, -crimes against the humanity, -war crimes or -hostage-taking shall be punished with imprisonment for a term of one to ten years. § 129a German Penal Code 5 Der Generalbundesanwalt beim Bundesgerichtshof

 Terrorist Organization abroad: 1. within the EU: § 129a Criminal Code is applicable 2. outside the Member States of the EU: § 129a Criminal Code is only applicable if there is a domestic connecting factor set out in law: a. the suspect's activity is exercised in Germany b. the perpetrator or the victim is a German national or c. the alleged perpetrator is within Germany  Only being prosecuted with the authorization of the German Federal Ministry of Justice § 129b German Penal Code 6 Der Generalbundesanwalt beim Bundesgerichtshof

Whosoever prepares a serious offence endangering the state shall be liable to imprisonment from six months to ten years. New Provisions: Preparation of Serious Violent Acts 7 Der Generalbundesanwalt beim Bundesgerichtshof

Main goal of the new provisions: the visit of terrorist training camps 8 Der Generalbundesanwalt beim Bundesgerichtshof

New provisions in 2015: to travel for terrorist purposes to attempt to travel for terrorist purposes to finance terrorism 9 Der Generalbundesanwalt beim Bundesgerichtshof

Der Generalbundesanwalt beim Bundesgerichtshof UN Security Council Resolution 2178 (2014) 11.Calls upon Member States to improve international, regional, and subregional cooperation […] to prevent the travel of foreign terrorist fighters […] and for Member States to act cooperatively when taking national measures […] while respecting human rights and fundamental freedoms and in compliance with other obligations under international law;”

Agencies dealing with terrorism Federal Criminal Police Office Criminal Police Offices of the 16 States Federal Intelligence Agency Federal Office for the Protection of the Constitution Military Counter-Intelligence Service Offices for the Protection of the Constitution of the 16 states

The Joint Counter-Terrorism Center  Federal Intelligence Agency  Criminal Police Offices  Offices for the Protection of the Constitution  Federal Police  Customs Investigation Police  Military Counter-Intelligence Service  Federal Office for Migration and Refugees  Federal Prosecutor General

ECTC Europols European Counter Terrorism Centre strengthens the EU´s Response to Terror

Federal Prosecutor General = -National correspondent for Eurojust for terrorism matters -Contact point for the European Judicial Network

National-Socialist-Underground

PKK 3 proceedings 25 ongoing investigations Left-wing Turkish terrorist groups 1 proceeding 20 ongoing investigations

Joint Investigation Teams Legal basis: Article 13 of the European Mutual legal Assistance Convention from 29 May 2000

Syria 116 ongoing proceedings and investigations 173 defendents 22 indictments

Code of Crimes against International Law Section 1 This act shall apply to all criminal offences against international law designated under this Act, to serious criminal offences designated therein even when the offence was committed abroad and bears no relation to Germany.

The German Code of Criminal Procedure § 153 f The public prosecution office may dispense with prosecution an offence in particular if 1.no German is suspected of having committed the crime; 2.the offence was not committed against a German; 3.no suspect is, or is expected to be, resident in Germany.

Network for investigation and prosecution of genocide, crimes against humanity and war crimes.

Thank you for your attention! Der Generalbundesanwalt beim Bundesgerichtshof