Rechtsanwalt
Dr. Nikolaos Gazeas LL.M.

„excellent expertise, strategically outstanding“

„creative, gets the best results for his clients“

„one of the best for international legal assistance cases“

(Competitors, in: JUVE-Handbuch Wirtschaftskanzleien 2019/2020)

Dr. Nikolaos Gazeas advises, defends and represents individuals and companies in criminal law and administrative offences, in particular in all areas of criminal law relating to economic and tax offences as well as medical criminal law. International criminal law is another main focus. Here, Dr. Gazeas specializes in extradition proceedings and advises on issues with international implications. Dr. Gazeas also advises companies and institutions preventively, in particular on the implementation of compliance systems. In addition, he has experience with constitutional complaints in a criminal law context.

Another focus of his work is on cases with political implications, regularly also in the interface between criminal law and security law/intelligence service law. Dr. Gazeas advises and represents individuals and companies in this area, e.g. in the context of committees of enquiry in German parliaments.  

Languages: English, Greek

Vita
  • Legal studies in Cologne, Bonn, Heidelberg and Thessaloniki
  • Master of Laws (LL.M.) with a specialization in U.S. criminal procedural law at the University of Auckland, New Zealand
  • Legal clerkship at the Higher Regional Court of Cologne; with parts of the legal clerkship taking place at the Federal Ministry of Justice in Berlin (Department for Criminal Law relating to economic offences and corruption), the Cologne office of Freshfields Bruckhaus Deringer (Economic Criminal Law) and at the Permanent Mission of the Principality of Liechtenstein to the United Nations in New York
  • Long-term experience as a research associate at the Institute for Criminal Law and Criminal Procedure Law, Chair of German and International Criminal Law held by Prof. Dr. Dr. h.c. Dr. h.c. Claus Kreß LL.M. (Cambridge) at the University of Cologne; remains connected to the institute
  • Visiting scholar at the University of California, Berkeley
  • Doctoral Thesis in the field of Criminal Procedural Law and Intelligence Service Law – awarded, inter alia, the CBH PhD-Award 2014 at the University of Cologne
  • Lecturer at the University of Cologne
  • Member of the Scientific Advisory Board of the Institute for Digitization and the Law of Homeland Security (IDRIS) at the Faculty of Law of the Ludwig-Maximilians-Universität in Munich.
  • Expert at the Committee on Legal Affairs of the German Parliament in Criminal Law Matters
  • Expert at the Committee on Internal Affairs of the German Parliament in Security Law Matters
  • Expert at the parliamentary Committee of Inquiry of the German Parliament on the terrorist attack at Berlin Breitscheidplatz
  • Expert at the Main Committee of the State Parliament of Baden-Württemberg and the State Parliament of North Rhine-Westphalia in legislative procedures on Police and Security Law
  • Member of the Hazard Prevention Law Committee of the German Lawyers Association (Deutscher Anwaltverein)
  • Regularly referenced by the media in Criminal Law and Intelligence Service Law Questions, inter alia at ARD, ZDF, PHOENIX, WDR, Deutschlandfunk, Deutsche Welle, DER SPIEGEL, Süddeutsche Zeitung, LTO, ZEIT online
  • Regular Lectures and Publications on Criminal Law, Criminal Procedural Law and Intelligence Service Law

I.   Monographs

  • Conveyance of intelligence information to law enforcement agencies (dotoral thesis, Cologne 2013), 721 pages, published by Duncker & Humblot publishers, Berlin 2014.

Reviews:

– Arzt, in: DÖV 2015, 192-195.
– Ebert, in: DIE POLIZEI 2015, 181 f.
– Ebert, in: ThürVbl. 2015, 71.
– Soiné, in: ArchKrim 2015, 143 f.
– Petri, in: ZD-aktuell 2015, 04133.
– Wolff, in: GA 2016, 165-167.

II.   Editorships

  • Grützner/Pötz/Kreß/Gazeas, International Mutual Legal Assistance in Criminal Matters. The relevant provisions for the legal relations of the Federal Republic of Germany with foreign countries in criminal matters, edited by Claus Kreß and Nikolaos Gazeas, loose-leaf collection with continuing updates, 3rd edition, C.F. Müller, Heidelberg 2018 ff. (approx. 11,000 pages).
  • Dietrich/Fahrner/Gazeas/von Heintschel-Heinegg, Handbook Security Law and State Protection Law, C.H. Beck, Munich (to be published 2022).

III.   Commentaries 

  • Sec. 89a CC (Preparation of a serious violent offence endangering the state), Sec. 89b CC (Establishing contacts for the purpose of committing a seriouus violent offence endangering the state), Sec. 91 CC (Encouraging the commission of serious violent offence endangering the state) in: Leipold/Tsambikakis/Zöller (ed.): A Lawyers Commentary to the German Criminal Code, published by Deutscher Anwaltverlag, 1st ed. Bonn 2011 (33 pages), 2nd ed. published by C.F. Müller publishers, Heidelberg 2015 (66 pages).
  • Sec. 129 CC (Forming Criminal Organizations), Sec. 129a CC (Forming Terrorist Organizations), Sec. 129b CC (Criminal and Terroris Organizations Abroad; Extended Confiscation and Deprivation), in: Leipold/Tsambikakis/Zöller (ed.): A Lawyers Commentary to the German Criminal Code, published by Deutscher Anwaltverlag, 1st ed. Bonn 2011 (31 pages), 2nd ed. published by C.F. Müller publishers, Heidelberg 2015 (36 pages).
  • § 36 StGB (parliamentary statements), § 37 StGB (parliamentary reports) in: Munich Commentary on the StGB, 4th edition, C.H. Beck, Munich 2019 ff. (to be published in 2020).
  • § 51 und § 65 Law on Designs (DesignGesetz), in: von Vohwinkel (ed.), BeckOK DesignR (Law on Designs and Regulation on Community Designs), C.H. Beck, Munich (published 2019).

IV.   Contributions to Commemorative Publications

  •  Europeanisation of the term “organisation“ in Sec. 129 et seqq. CC? Thoughts on recent case law of the German Federal Court of Justice, in: Paeffgen/Böse/Kindhäuser et al.: Poenology as analysis and construct, Publication in Celebration of the 70th birthday of Ingeborg Puppe, published by Duncker & Humblot publishers, Berlin 2011, pp. 1487-1500 (together with Claus Kreß).

V.   Contributions to other Books 

  • Recent Developments in substantive Criminal Law concerning Terrorism in Germany – Penalizing the stay in „Terror-Camps“ (Sec. 89a CC), in: Nußberger/Salygin/Ivanov/Kreß/Sachs (ed.): Terrorism as a Challenge for Public International Law and National Law – A German-Russian Dialogue, Moscow, 2010, pp. 292-314.
  • Sec. 18 – Organized Crime, in: Max-Planck Institute for Foreign and International Criminal Law in Cooperation with Sieber/Brüner/Satzger/von Heintschel-Heinegg (ed.): European Criminal Law, 1st ed. published by Nomos publishers Baden-Baden 2011, pp. 324-333 (together with Claus Kreß), 2nd ed. published by Nomos publishers Baden-Baden 2014, pp. 356-365 (together with Claus Kreß).
  • Sec. 19 – Terrorism, in: Max-Planck Institute for Foreign and International Criminal Law in Cooperation with Sieber/Brüner/Satzger/von Heintschel-Heinegg (ed.): European Criminal Law, 1st ed. published by Nomos publishers Baden-Baden 2011, pp. 334-350 (together with Claus Kreß), 2nd ed. published by Nomos publishers Baden-Baden 2014, pp. 366-383 (together with Claus Kreß).
  • La nueva regulación de la custodia de seguridad en Alemania. Una perspectiva sobre la nueva concepción derivada de las sentencias del Tribunal Europeo de Derechos Humanos y del Tribunal Constitucional alemán. (The revision of preventive detention in Germany. An Overview of the planned redesign on the basis of new judgements from the European Court of Human Rights and the German Federal Constitutional Court), in: Eduardo Demetrio Crespo (ed.), Neurociencia y Derecho penal: nuevas perspectivas en el ámbito de la culpabilidad y tratamiento jurídico-penal de la peligrosidad, Madrid Buenos Aires Montevideo 2013, S. 629 – 649. Translation into Portuguese (in preparation).
  • Special Features of Mutual Legal Assistance in Criminal Proceedings Related to State Protection, in: Dietrich/Fahrner/Gazeas/von Heintschel-Heinegg, Handbook Security and State Protection Law, C.H. Beck, Munich (published 2020).

  VI.   Essays

  • The European Evidence Warrant – Another Step in the wrong direction?, in: ZRP 2005, pp. 18-22.
  • Subsequent Preventive Detention – A Political Aberration?, in StraFO 2005, pp. 9-15.
  • Human Rights are too expensive – On a Detainees Right to Compensation for inhumane Treatment (likewise annotation on BGH (FCJ) III ZR 361/03, Judgement of November 4th2004 = BGHZ 161, 33), in: HRRS 2005, pp. 171-177.
  • “Stalking” as a Criminal Offence – Effective Protection or a finger in the dike?, in: KJ 2006, pp. 247-268.
  • Stalking as a Criminal Offence, in: JR 2007, pp. 497-505.
  • The new Offences in German Penal Legislation for the Protection of the State – An Attempt at a first Interpretation of Secs. 89a, 89b and 91 CC, in: NStZ 2009, pp. 593-604 (together with Th. Grosse-Wilde and A. Kießling)
  •  Too much? – On the Tightening of the German Terrorism Laws, in: DRiZ 2015, pp. 218-224.
  • Assurances in extradition traffic within the European Union, in: Goltdammer’s Archive for Criminal Law (GA) 2018, pp. 277 – 286.

VII.   Case Annotations

  • FCC – 1 BvR 1359/05 of December 27th 2005, non-acceptance order (On a Detainees Right to Compensation for inhumane Treatment), in: ZfStrVo 2006, pp. 185-186.
  • FCJ – 3 StR 244/09 of November 19th 2009 (Sec. 238 CC – Stalking), in: NJW 2010, pp. 1684-1685.
  • District Court Koblenz – 4 Qs 66/14 of October 27th 2014 (On the Requirements of a Search Order against non-suspects), in: juris Praxisreport-Compliance 1/2015 Anm. 3.
  • FCJ – 3 StR 537/14 of July 9th 2015 – BGHSt 60, 308 (On the determination of competitive relationships in criminal offences within the framework of membership in a criminal organisation), in: Strafverteidiger (StV) 2016, pp. 502 – 505.
  • FCJ – 3 StR 326/16 of April 6th 2017 – BGHSt 62, 102 (On the preparation of a serious violent act endangering the state by leaving the Federal Republic of Germany), in: Strafverteidiger (StV) 2018, pp. 84 – 88 (together with Thomas Grosse-Wilde).
  • Higher Regional Court Schleswig – Decision of April 5th 2018 – I Ausl (A) 18/18 – (On the inadmissibility of the extradition to Spain of the former President of the Autonomous Government of Puigdemont in Catalonia), in: NJW 2018, pp. 1703-1704.

 VIII.   Reviews

  • German Federal Ministry of Justice/Austrian Federal Ministry of Justice/Swiss Federal Department of Justice and Police (ed.): Imprisonment – Recommendations of the Council of Europe 1962-2003, in: HRRS 2005, pp. 20-22.
  • ter Haar/Lutz/Wiedenfels: Prädikatsexamen – The Road to Completing German Law Studies with Honors, in: JA 2006, p. 559.
  • Helmut Satzger, International and European Criminal Law, in: ZIS 2006, pp. 459-462.
  • Tido Park, Criminal Law and the Capital Market, 2nd ed. 2008, in: StRR 2009, pp. 57-58 (together with Michael Tsambikakis).
  • Julius/Gercke/Kurth/Lemke/Pollähne/Temming/Woynar/Zöller, The Heidelberg Commentary on the German Code of Criminal Procedure, 4th ed. 2009, in: StRR 2009, pp. 379-380.
  • Schenke/Graulich/Ruthig, Federal Security Law, 2015, in: NJW 2015, p. 3018.

IX.   Various

  • Germany would not have to extradite Snowden to the USA, ZEIT online, March 8th 2014
  • Written Statement of March 19th 2015 for the Standing Committee on Justice and Consumer Protection of the German Parliament concerning the draft law of the parliamentary groups of CDU/CSU and SPD of February 24th 2015 (BT-Drs. 18/4087) – Draft Law to Change the Persecution of the Preparation of Serious Offences Endangering the State (GVVG-ÄndG) – in the Public Session on March 23rd Public Session on March 23rd 2015.
  • The Akhanlı case could end up causing damage to Erdogan, ZEIT online, August 23rd 2017
  • Statement following the joint hearing of the Standing Committee and the Committee on Home Affairs, Digitalisation and Migration of the Landtag Baden-Württemberg on October 26th 2017 on the draft laws of the government of the Land – Act amending the Land Constitutional Protection Act and the Implementing Act to Article 10 of the Act (Drs. 16/2740) and Act amending the Police Act and the Act on the Opening of Shops in BW (Drs. 16/2741) of November 2nd 2017.
  • Obituary for Paul-Günter Pötz, in: Grützner/Pötz/Kreß/Gazeas, International Legal Assistance in Criminal Matters, 3rd edition, 44th delivery (March 2018) (together with Claus Kreß).
  • Position on the Puigdemont case: Legally correct and pleasingly clear under the rule of law, NJW-aktuell 19/2018, p. 14
  • Guest article in Legal Tribune Online (LTO) on the ruling of the Bundesverfassungsgericht on the BND Act of 22 May 2020, available at https://www.lto.de/recht/hintergruende/h/bverfg-1-bvr-2835-17-bnd-auslandsueberwachung-kontrolle-nachrichtendienste-kontrolle-grundrechte-ausland-was-das-urteil-bedeutet/.
21st Juli 2020

Interview in the online edition of the Handelsblatt on extradition law issues in connection with the Wirecard/Jan Marsalek case.

21st Juli 2020

Statement in the Handelsblatt, 21st Juli 2020, page 7, on extradition law issues in connection with the Wirecard/Jan Marsalek case.

12th June 2020

Statement in ZEIT online on legal issues in connection with the arrest of 35 people after a protest in Hamburg.

30th May 2020

Statement in the SPIEGEL, issue 23/2020, p. 51 on criminal law issues in connection with the indictment of the “second suspect” for aiding and abetting the murder of the CDU politician Walter Lübcke.

22nd May 2020

Guest article in Legal Tribune Online (LTO) on the ruling of the Bundesverfassungsgericht on the BND Act.

20th May 2020

Statement in the Rheinische Post of May 20, 2020, p. 4, on the ruling of the Bundesverfassungsgericht on the BND Act in connection with Foreign to Foreign Telecommunications Intelligence Service.

19th May 2020

Interview in Deutschlandfunk on the ruling of the Bundesverfassungsgericht on the BND Act in connection with Foreign to Foreign Telecommunications Intelligence Service.

11th April 2020

Interview together with the former Federal Minister of the Interior and lawyer Gerhard Baum for Legal Tribune Online (LTO) on the legal classification of the anti-corona-measures.

9th March 2020

Interview on SPIEGEL online on criminal law issues in connection with the use of police informants in criminal proceedings

7th March 2020

Statement in the SPIEGEL, issue 11/2020, p. 8 ff., p. 10, 12 on criminal law issues in connection with the use of police informants in criminal proceedings.

Available in English here.

18th February 2020

Statement on Deutschlandfunk radio on the draft law on the planned adjustment of the constitution protection law and the planned legalisation of online searches by the Office for the Protection of the Constitution.

11th February 2020

Interview on Mitteldeutscher Rundfunk (MDR Der Tag) on the extradition proceedings against Julian Assange.

4th January 2020

Interview in the Kölner Stadtanzeiger of January 4, 2020, p. 25, on legal questions of abandonment from an attempt to commit a crime in connection with the act of a Cologne politician.

30th October 2019

Interview on Deutschlandfunk on questions of how to combat hate crime on the Internet under criminal law and the German government’s bundle of countermeasures.

30th October 2019

Interview in the Kölner-Stadt-Anzeiger of 30th October 2019, p. 24, on the subject of hate crime on the occasion of the decision of the Berlin Regional Court in the Renate Künast case.

29th October 2019

Live-interview on PHOENIX on the public hearing of the three presidents of the German intelligence services in the Parliamentary Control Committee of the German Bundestag as well as another interview on the statements of Federal Minister of the Interior Horst Seehofer on the G6 meeting of interior ministers.

28th October 2019

Statement in the newspapers DIE WELT as well as the Westdeutschen Zeitung and the WDR on the current draft legislation in the NRW state parliament to create an independent police commissioner.

15th October 2019

Interview on n-tv about the verdict of the Spanish Tribunal Supremo against the Catalan separatist leaders and questions about the extradition of Carles Puigdemont from Belgium to Spain.

12 October 2019

Statement in the SPIEGEL, issue 42/2019, p. 48, on the necessity of creating a legal basis for the use of police informers in criminal proceedings.

14th June 2019

Statement on Deutsche Welle about the initiative of the conference of the ministers of the interior to use data from smart home devices (e.g. Amazon-Alexa) for law prosecution purposes.

14th June 2019

Interview on 1Live (WDR) about the initiative of the conference of the ministers of the interior to use data from smart home devices (e.g. Amazon-Alexa) for law prosecution purposes.

26th April 2019

Statement in the Schwäbische Zeitung on the verdict in the Schlecker trial.

15th April 2019

Interview on n-tv on the indictment of the Braunschweig public prosecutor’s office against former VW CEO Martin Winterkorn.

12th April 2019

Interview in the Deutschlandfunk on questions of extradition law concerning the arrest of Julian Assange.

12th April 2019

Interview on n-tv on questions of extradition law concerning the arrest of Julian Assange.

11th April 2019

Interview in the ARD-Magazine Kontraste about the possibility of using data from Amazon Alexa for prosecution purposes.

11th April 2019

Statement in the Deutsche Welle on the arrest of Julian Assange in the ecuadorian embassy in London.

30th March 2019

Statement in the Süddeutsche Zeitung on the draft of a law extending the powers of the BND.

8th February 2019

Interviews at PHOENIX on the occasion of the move the BND to Berlin (another interview with PHOENIX Der Tag).

18th January 2019

Interview with Mitteldeutscher Rundfunk (MDR) on the question as to how far Audi managers accused in the USA are threatened with extradition to the USA in the diesel affair.

16thJanuary 2019

Statement on the legal framework of a test case and a suspected case of the Office for the Protection of the Constitution in relation to the AfD in the online edition of Süddeutschen Zeitung.

12th December 2018

Statement on the new Police Law NRW (Polizeigesetz NRW) in Legal Tribune Online.

12th December 2018

Interview with WDR 5 on the new Police Act NRW (Polizeigesetz NRW).

14th November 2018

Statement as an expert in the legislative procedure on the new Police Law NRW (Polizeigesetz NRW) in the online edition of Rheinischen Post and Neuen Westfälische.

26th October 2018

Statement on the judgment of German national Patrick K. in Turkey in ZDF heute journal.

11th October 2018

Statement in the Kölner Stadtanzeiger, p. 8, on the planned amendments to the new Police Act NRW (Polizeigesetz NRW)

28th September 2018

Interview with Domradio on the possibilities of law enforcement authorities to prosecute cases of abuse in the Catholic Church.

20th August 2018

Interview with juve.de and Legal Tribune Online on the constitutional complaint of the FDP against the regulations on online search and the so called “source telecommunications surveillance” in the German Criminal Procedure Code (Staatstrojaner). Further comments can be found at sueddeutsche.de, Zeit online, SPIEGEL online, n-tv.de, tagesspiegel.de.

16th August 2018

Interview with Deutschlandfunk on the Sami A. case and the decision of the NRW Higher Administrative Court (on the obligation of bring Sami A.’s return to Germany).

13th July 2018

Statement in the Spanish daily newspaper ELPAÍS, p. 15, on the decision of the Higher Regional Court in the Puigdemont extradition procedure.

12th July 2018

Statement in Legal Tribune Online on the decision of the Higher Regional Court Schleswig-Holstein in the Puigdemont extradition procedure.

15th June 2018

Statement in ZEIT online on questions of extradition rights in connection with the return of Ali B. (“Susanna case”) from Iraq.

10th June 2018

Interview with WDR-show “Westpol” on the new Police Law/Act NRW (Polizeigesetz NRW) in the legislative procedure.

8th June 2018

Interview with SWR 1 on legal issues of extradition rights (inter alia in the case of the suspect who fled to Iraq in the Susanna case).

7th June 2018

Statement in the Kölner Stadtanzeiger on the planned reform of the Police Act NRW (Polizeigesetz NRW).

28th May 2018

Statement in the Spanish daily newspaper ELPAÍS on the decision of the Higher Regional Court Schleswig-Holstein in the Puigdemont extradition procedure.

6th April 2018

Interview in ARD Morgenmagazin on the Puigdemont extradition procedure.

6th April 2018

Discussion with Nikolaos Gazeas in Deutschlandfunk Kultur,  „Wortwechsel“.

3rd Apil 2018

Interview with ZEIT online on the Puigdemont extradition procedure.

30th March 2018

Statement in the French newspaper Le Monde on the Puigdemont extradition procedure.

26th March 2018

Statements and Interviews on the Puigdemont case in ZDF heute journal, ARD Mittagsmagazin, n-tv Nachrichten am Mittag, ZEIT online, Legal Tribune OnlineDeutschlandfunk, El Pais, SRF, SPIEGEL online.

17th February 2018

Statement in the SPIEGEL, issue 8/2018, p. 45, on Interpol and Red Notices in cases with political relevance.

9th January 2018

Interview with Deutschlandfunk Nova on the issues of possible prosecution of the former Iranian “Death Judge” Sharudi in Germany.

18th October 2017

Statement in Süddeutschen Zeitung p. 6, on the issues of criminal liability for espionage in Germany in connection with a current case before the federal Supreme Court and on the effects of the case law of the Federal Supreme Court.

11th September 2017

Interview with Phoenix on the issues of state security and legal prosecution, especially in connection with the New Year’s Eve cases in Cologne 2016.

30th / 31st August 2017

Statement in FAZ.net, in Deutsche Welle and in ZEIT online on legal issues of securing mobile data of asylum seekers for the purpose of establishing identity and origin.

23rd August 2017

Guest contribution in ZEIT online on the Akhanli case and the legal reasons why Spain is not legally obliged to extradite Dogan Akhanli to Turkey despite existing extradition agreements with Turkey.

22nd / 23rd August 2017

Statement in the Kölner Stadt-Anzeiger and in the Berliner Zeitung in connection with legal questions regarding Interpol and the arrest and possible extradition in the Akhanli case.

21st August 2017

Interview with Deutschlandfunk Nova on Interpol and its working methods in international cooperation.

21st August 2017

Interview with Deutschlandfunk on questions of extradition rights in connection with the arrest of Dogan Akhanli in Spain at the request of Turkey.

20th August 2017

Statement on tagesschau.de on the case of the German writer Dogan Akhanli arrested in Spain and on questions of extradition rights in connection with Turkey’s extradition request.

19th August 2017

Statement in FAZ.net on the legal assessment of the new regulation on the search of data carriers of refugees.

29th July 2017

Interview with Deutschlandfunk Nova on the case of 16-year-old Linda W. and on the question of a possible extradition from Iraq to Germany and the criminal investigation of the case in Germany.

14th June 2017

Statement in Süddeutschen Zeitung on the consideration of the Conference of Ministers of Home Affairs to have minors monitored to a greater extent than hitherto by the Office for the Protection of the Constitution.

19th May 2017

Interview with Deutsche Welle on the Assange case and the effects of the termination of the criminal proceedings against him in Sweden and a possible criminal case in Great Britain.

27. April 2017

Stellungnahme im ARD-Magazin Monitor zum geplanten neuen BKA-Gesetz.

28th March 2017

Statement in Süddeutschen Zeitung, S. 6,  on the question of the criminal liability of spying on Gülen supporters and other Erdogan critics in Germany.

21st March 2017

Statement in General-Anzeiger and in RP online on the judgment of the Regional Court Essen in connection with the attacks on the Sikh Temple in Essen.

22nd February 2017

Interview with Legal Tribune Online about the planned authority to evaluate mobile phones and other data carriers of asylum seekers.

20th February 2017

Statement in ZEIT online on the federal government’s planned law to evaluate mobile phones and other data carriers of asylum seekers.

11th January 2017

Statement in Wall Street Journal (print edition, p. A7) on the discussion about a tightening of security laws to combat terrorism on the occasion of the Anis Amri case.

10th January 2017

Interview in Deutschlandfunk on the planned tightening of security laws on the occasion of the case of Anis Amri.

9th January 2017

Statement in SPIEGEL online on the actions of the authorities in the Anis Amri case – terrorist attack on the Christmas market in Berlin – and on the discussion about tightening security laws.

7th January 2017

Statement in SPIEGEL, issue 2/2017, p. 10 ff., on the actions of the authorities in the case of Anis Amri – terrorist attack on the Christmas market in Berlin – and on the discussion on tightening security laws – available here in English.

31st December 2016

Stellungnahme inDeutschlandfunk on the legal processing of the New Year’s Eve incidents in Cologne exactly one year ago.

27th December 2016

Statement in ZEIT online on the proposals of the CSU to change the security laws on the occasion of the terrorist attack in Berlin.

13th December 2016

Interview in the ARD Magazin FAKT about the research results of FAKT, according to which German companies are apparently affected by US espionage.

24th November 2016

Interview in Deutschlandfunk on the question of the interrogation of Edward Snowden before the NSA investigative committee after the decision of the investigating judge at the Federal Supreme Court and on the question of Germany’s obligation to extradite him to the USA.

1st September 2016

Interview with ZDF heute journal about the investigation in Switzerland against Franz Beckenbauer in connection with the award of the 2006 World Cup.

5th August 2016

Statement in Deutsche Welle on questions of extradition and diplomatic immunity of Venezuela’s Minister of Home Affairs and Venezuela’s military attaché in Germany with regard to their prosecution in the USA.

8th July 2016

Statement in SPIEGEL online on the planned reform of the BND law.

9th June 2016

Statement on the planned draft law of a new BND law on the surveillance of foreign countries abroad in the Süddeutsche Zeitung p. 5 and at sueddeutsche.de (8th June 2016).

9th June 2016

Statement in the Berliner Zeitung, Kölner Stadt Anzeiger and the Frankfurter Rundschau on the legal classification of investigations into planned terrorist attacks in Germany.

6th June 2016

Interview in WDR 5 (programme “Politikum”) on the cooperation of security authorities in Germany in the fight against terrorism.

12th April 2016

Interview in the ARD magazine Fakt  and statement in  SPIEGEL online on the verdict against former NATO employee Manfred Klag for traitorous spying.

4th March 2016

Interview in Deutsche Welle on the judgment of the Düsseldorf Higher Regional Court against the IS returnee Nils D.

18th February 2016

Statement on Deutschlandfunk on the criminal law boundaries at the carnival celebrations (kissing, celebrating, dancing – and legal boundaries).

4th February 2016

Interview on Deutschlandfunk on the criminal law boundaries at the carnival celebrations (kissing, celebrating, dancing – and legal boundaries).

8th January 2016

Interview in ZEIT online and statement in the Kölner Stadt Anzeiger, p.3, on criminal and immigration law issues in connection with the attacks on New Year’s Eve in Cologne and elsewhere.

7th January 2016

Interview with in SWR 2 aktuell on criminal and immigration law issues in connection with the attacks on New Year’s Eve in Cologne and elsewhere.

6th January 2016

Interview in Deutsche Welle on criminal and immigration law issues in connection with the New Year’s Eve attacks in Cologne and elsewhere (englisch version).

7th December 2015

Statement in Deutsche Welle zon the Julian Assange case in the causa interrogation by the Swedish law enforcement authorities in the Ecuadorian Embassy in London (translated into 11 languages and published in various international media, see the english versionspanish version, publication in Daily News Egypt).

3rd December 2015

Statement in SPIEGEL online on the fundamental decision of the German Federal Court of 27th October 2015, according to which the “Terrorcamp-Paragraph” 89a StGB is to be applied cautiously in a foreign context in crisis areas.

9th September 2015

Statement in Deutsche Welle on the criminal proceedings before the Koblenz Higher Regional Court in the case of espionage in connection with Turkey.

18th August 2015

Statement in Deutsche Welle on the Julian Assange case.

10th August 2015

Interview in Deutsche Welle on the investigations of the Federal Attorney General against the netzpolitik.org journalists for treason.

10th August 2015

Statement in ZEIT online on the denied inspection of files by the Federal Attorney General in the netzpolitik.org case.

8th August 2015

Statement in netzpolitik.org on the right of inspection of investigation files by the Federal Attorney General during investigative proceedings for treason against the netzpolitik.org journalist.

7th August 2015

Statement in ZEIT online about the possible secret surveillance of the accused in connection with the treason investigations against the two journalists of netzpolitik.org.

22nd June 2015

Statement in ZEIT online and in The Guardian on the arrest of Egyptial journalist Ahmend Mansur in Berlin in connection with the Egyptian extradition request.

5th May 2015

Interview with Deutschlandfunk on legal questions in connection with the current BND-NSA-issue (findings on the nature and extent of the cooperation between the BND and NSA, use of selectors provided by the NSA to the BND; possible economic espionage, possible surveillance of French government officials and diplomats as well as members of the EU Commission).

11th April 2015

Statement in SPIEGEL, issue 16/2015, pp. 28, on the legal admissibility of a search of medical practices and confiscation of medical records in the case of the co-pilot Lubitz (Germanwings crash).

24th March 2015

Interview with Legal Tribune Online on the plans of the coalition fractions to tighten criminal law on terrorism (criminalization of departure and attempted departure for terrorist purposes and introduction of a criminal offence on terrorist financing).

2nd March 2015

Statement in WDR Fernsehen (Aktuelle Stunde) on the suspension of criminal proceedings against Sebastian Edathy against payment of a fine.

15th January 2015

Interview with WDR 2 on the legal issues of revoking extremists’ identity cards.

14th November 2014

Interview in ZEIT online on the conviction of Al-Qaida members by the Düsseldorf Higher Regional Court and on the current reform considerations to make the attempt to leave for a terror camp a punishable offence.

27th October 2014

Statement in the SPIEGEL, issue 44/2014, p. 30, on the current plans of the Federal Government to tighten criminal law provisions regarding the fight against terrorism.

1st October 2014

Interview on Deutschlandfunk on the current considerations in Germany to tighten laws against jihadists (blocking notice in identity cards, deprivation of the German citizenship and tightening of criminal law).

29th September 2014

Statement in SPIEGEL, issue 40/2014, p. 16, on the considerations to tighten criminal law against jihadists on the occasion of the UN Security Council Resolution 2178 (2014) on the conviction of violent extremism of 24th September 2014, also published on SPIEGEL online on 28th September 2014.

5th August 2014

Interview on WDR 5 (Morgenecho) on the legal background of the suspension of the criminal proceedings against Formula 1 Boss Ecclestone before the Munich District Court against a 100 Million USD fine payment.

29th May 2014

Interview in NDR 2 (Kurier um 12) on the possible intention of the Federal Attorney General to refuse opening investigative proceedings in the NSA case.

27th May 2014

Statement in ZDF Magazin Frontal 21 on the legal issues in connection with the interrogation of Edward Snowden as a witness by the German Parliamentary Committee investigation of the NSA spying scandal, in particular on the failure to issue an arrest warrant for Snowden in Germany.

8th May 2014

Guest contribution Nikolaos Gazeas ” on ZEIT online “Germany is not obliged to extradite Snowden to the US”.

8th May 2014

Interview with SWR 2 (aktuell) on the various legal questions in connection with the interrogation of Edward Snowden as a witness by the German Parliamentary Committee investigation of the NSA spying scandal.

8th May 2014

Statement in Deutschen Welle on the first Federal Court of Justice judgment on § 89a StGB (preparation of a serious state endangering violent act).

3rd May 2014

Interview on WDR 5 (Morgenecho) on the various legal questions in connection with the interrogation of Edward Snowden as a witness by the German Parliamentary Committee investigation of the NSA spying scandal.

22nd April 2014

Statement on the legal questions regarding a possible testimony by Edward Snowden before the German Parliamentary Committee investigation of the NSA spying scandal as well as on the question of whether Germany has an extradition obligation towards the USA in the Kölner Stadt Anzeiger, the Berliner Zeitung and the Mitteldeutschen Zeitung.

27th February 2014

Statement on the former Federal minister Hans-Peter Friedrich’s criminal liability in the Edathy case in the Süddeutsche Zeitung, p. 5.

24th February 2014

Live interview on WDR 5 (Morgenecho) on the various legal questions in the Edathy case (criminal liability of child pornography, Sebastian Edathy’s criminal complaint against members of the public prosecutor’s officer Hannover, former Federal minister Hans-Peter Friedrich’s criminal liability).

18th February 2014

Statement in ARD Tagesthemen on the question of criminal liability of child pornography as well as on the current reform considerations on the occasion of the Edathy case.

18th February 2014

Interview in ZEIT online on the question of criminal liability of former Federal minister Hans-Peter Friedrich in the Edathy case.

15th February 2014

Interview on ZEIT online on the question of criminal liability of members of the SPD party (Federal minister Sigmar Gabriel, faction leader Thomas Oppermann and Federal Minister Fank-Walter Steinmeier) in the Edathy case.

3rd February 2014

Statement on the question of Amada Knox’s extradition by the USA to Italy after her murder conviction in the SPIEGEL, issue 6/2014, p. 81, in parts published on SPIEGEL online.

8th January 2014

Statement on the criminal liability of German intelligence services’ liaison officers in  CICERO online.

15th November 2013

Statement on the bilateral agreement between Germany and the USA regarding intelligence services in theSüddeutschen Zeitung, p 6.

4th November 2013

Statement on the legal possibilities of a secured residence for Snowden in Germany and on the German obligation to extradite him to the USA in the SPIEGEL title issue 45/2013, p. 27.

26th October 2013

Interview with WDR (Mittagsecho) and NDR Info on the investigations by the Public Prosecutor’s Office regarding possible surveillance of the Chancellor’s mobile phone.

26th October 2013

Statement in the Deutsche Welle on the question whether a surveillance by the USA is permitted under applicable law (in english, portugueseturkish ,croatian).

25th October 2013

Interview on ZEIT online on the question whether the Public Prosecutor’s Office should initiate investigative proceedings into a possible surveillance of the Chancellor’s mobile phone.

25th October 2013

Statement on Süddeutsche.de on the No-Spy-Agreement with the USA as a reaction to the NSA scandal.

10th August 2013

Interview on the topic “NSA and BND: boundaries of data exchange” in WDR 5 Morgenecho.

2nd August 2013

Interview on ZEIT online on the issue of the rights of spied on citizens in the of the NSA data espionage in Germany.

31st July 2013

Statement in an article in the Deutsche Welle on the conviction of US soldier Bradley Manning and on the question whether a similar judgment would be possible in Germany.

27th July 2013

Interview on ZEIT online on the question of criminal liability of members of German authorities for aiding and abetting in the NSA data espionage case.

25th July 2013

Interview in ZEIT online on the question of admissibility of data transmission and of access of NSA data by the BND and Office for the Protection of the Constitution as well as on the criminal liability of an unlawful transfer of data by the BND in the NSA data espionage case.

15th July 2013

Statement in the Kölner Stadt-Anzeiger on the question of Germany’s obligation to extradite Edward Snowden to the USA.

9th July 2013

English version of the statement on the question of Germany’s obligation to extradite Edward Snowden to the USA in SPIEGEL online.

8th July 2013

Statement on the question of Germany’s obligation to extradite Edward Snowden to the USA in the SPIEGEL title issue 28/2013, p. 21: A German duty to extradite Snowden is ultimately denied because, according to the relevant considerations, it is a political offence under German law in which there is no obligation to extradite under the existing extradition treaty with the USA.

2nd July 2013

Statement on the criminal liability in the NSA data espionage case in an article by Thomas Darnstädt (US-Datenskandal: Amerikas millionenfacher Rechtsbruch) on SPIEGEL online.

Lectures at the University of Cologne
Winter semester 2021/2022

In the winter semester 2021/2022, the newly established course “Practice of Criminal Procedure” will take place for the first time. Lecturers will be lawyer Dr. Nikolaos Gazeas, the judge at the district court Dr. Mareike Herrmann, judge at the district court Peter Mülfarth, senior public prosecutor as permanent representative of the head of authority Dr. Gunnar Greier, public prosecutor Felix Baenisch and lawyer Dr. Lutz Nepomuck.

Lecture description: “Charge or dismissal – conviction or acquittal? In the practice of criminal proceedings it is not uncommon that factual and legal evaluations of procedurally relevant questions by the parties to the proceedings lead to different results. The duties of court, defense and prosecution each require specific perspectives. These perspectives and their effects on the practical aspects of criminal proceedings are to be introduced to the participants by experienced practitioners and form the basis for discussions on current issues.