Transstaatliche Strafverfolgung

Through organized criminal and terrorist activities, and by exploiting the global mobility of people, goods, and capital, as well as technological innovations, the development of crime is increasingly characterized by growing internationalization. This transnational nature of criminal offenses poses the risk of being held accountable multiple times for the same act. The cause of this lies in international criminal law, which establishes a transnational duplication of national criminal claims for offenses with foreign connections and exposes the prosecuted individuals to the risk of simultaneous proceedings and iterative prosecution and punishment. Conflicts with the rule of law's obligations to protect and fundamental principles turn this into a legal problem. The question arises whether this issue is addressed across Europe by the currently far-reaching prohibition of double prosecution and punishment under Article 54 of the Schengen Implementation Convention.