Legal opinions on international law and extradition

Our team of qualified lawyers is ready to prepare for you a professional justification based on in-depth knowledge of international law and many years of experience in solving the most complex cases. We understand that every delay can cost your freedom or reputation. Experienced lawyers act in a coordinated manner and get to work analyzing the case as quickly as possible. If necessary, we involve lawyers and experts from various countries, which is especially important in international cases.

Legal opinions in the field of international law and extradition

A legal opinion is a document prepared by a qualified lawyer that contains a formal conclusion regarding the legal situation, rules, and consequences applicable to a particular case. Unlike a regular consultation, a legal analysis is more formalized and authoritative in nature and is often used as evidence or expert opinion:

• In negotiations with foreign partners, banks, government agencies;
• In judicial and administrative proceedings, when it is necessary to confirm the compliance of actions or transactions with international law;
• In preparation for extradition procedures or for defense against criminal prosecution abroad.

A legal opinion may be required in various situations. For example, companies involved in the export of high-tech goods or defense products require various licenses and permits to avoid the risk of fines or even criminal prosecution.  Such entities may seek such opinions to identify legal risks and ensure that transactions do not violate existing sanctions regimes.

If a person is wanted by Interpol, it is necessary to check the legality and validity of the Red Notice. A legal opinion may prove that it is contrary to the Interpol Charter or international human rights standards. If extradition is threatened, a legal opinion is required to show that the charges do not meet the requirements of double jeopardy, the statute of limitations has expired, or there is a potential violation of rights.

If a business changes its location by moving its headquarters or registering in a new country, you need to ensure that the steps comply with local corporate status and will not cause tax or sanctions issues.

Our team consists of lawyers with experience in various legal systems, enabling them to offer professional judgment on various international matters. This provides an opportunity to take into account the diversity of legal regimes and the specific nuances of international law.

When preparing a legal opinion, we study not only national legislation but also international norms, case law, and current sanctions lists. This ensures the completeness and accuracy of the conclusions depending on the client’s position.

Preparation of legal opinions on Interpol cases

In the globalized legal space, situations are increasingly common when a person or company is faced with an international search. One of the most common mechanisms for persecution abroad is the Red Notice, which can result in arrest and further extradition to the country that initiated the search. In such cases, legal opinion plays a significant role, allowing one to identify legal risks and formulate a defense strategy. 

If a person ends up on the Interpol list, this risks detention when crossing borders, problems with obtaining visas, and blocking of accounts. Such an opinion reflects what the risks are, their legal effects, how to minimize them, and what measures can be taken to protect yourself.

A Red Notice arrest can trigger the extradition process. A legal opinion helps to understand whether there are grounds for extradition, what the chances are of challenging the request, and what arguments are best used in court or other authorities.

Often, a legal opinion serves as a document confirming the absence of criminal intent or the political nature of the charges. It can be presented to different parties like banks for different financing transactions, visa centers, employers, or law enforcement agencies.

The first stage of preparing a legal opinion on Interpol cases is the collecting and analysing information. Lawyers receive basic information from the client: why the search was announced, what legal grounds are indicated, and in which countries risks may arise. A package of basic documents on the case: arrest warrants, decisions of investigative authorities, extracts from national wanted lists, as well as any correspondence with Interpol or law enforcement agencies. 

Lawyers review the essence of the case and the charges against the provisions of the Interpol Charter, the Interpol Resolution on the Protection of Human Rights, as well as policies against using the organization for political, military, racial, or religious purposes.

The next step is the formation of conclusions and recommendations. These may include legal strategies to defend against arrest, precautions for travel abroad, visas, banking, and reporting violations to the CCF Commission. If an extradition request has already been initiated, the options for challenging it are indicated: references to national or international norms, political nature, or non-compliance with the criteria for extradition.

Unlike oral consultations, a legal opinion is a formalized and reasoned document that can be used in negotiations with Interpol authorities, in court, or before other authorities (banks, immigration services). If necessary, the detainee or his lawyers can immediately present an opinion in court, proving that the request does not comply with international standards or national legislation.

Generally, there are several assumptions made when preparing a legal analysis or opinion. These assumptions and underlying matters should be clearly outlined in the legal opinion letter. Additionally, the tone of the letter must balance technical precision with actionable and clear language to ensure non-legal stakeholders can understand it.

A properly prepared document can help avoid false suspicions in a transactional context, politically motivated persecution, and serious reputational and financial losses. Our company’s specialists have many years of experience in handling such cases and are ready to provide comprehensive support: from the first assessment of the situation and analysis of documents to representation of interests in the courts and Interpol authorities.

When is it necessary to prepare a legal opinion?

A well-drafted legal opinion is an important element of effective defense against criminal prosecution abroad. In the event of a threat of extradition, a legal opinion will help determine the legal grounds and compliance of the charges brought with international treaties and national laws.

In the case of sanctions, a legal opinion helps determine whether you or your company is subject to certain sanctions restrictions. You can also check transactions and partners from the point of view of the legislation of various jurisdictions, build a compliance policy to avoid violations of sanctions regimes (blocking accounts, refusal of transactions by international banks).

If an Interpol red notice is published against a person, it is necessary to determine the legality of the request and identify signs of politically motivated persecution, which is prohibited by the Charter. A legal opinion will help protect the client from detention: have a document confirming the non-compliance of the notification with Interpol standards and human rights.

In cross-border transactions and corporate issues (international M&A agreements, holding and investment issues, offshore structures), a well-drafted legal opinion will help assess the transaction’s compliance with local and international law, check the risks associated with sanctions or corruption factors, establish the legality of corporate decisions, the powers of management bodies, the status of shareholders, etc.

In commercial transactions, especially in financing transactions, the lender requires a legal opinion to evaluate the corporate capacity of the borrower and whether the borrowing transaction documents are enforceable. As such, it’s common for the borrower’s counsel to give the lender a legal opinion in financing transactions. Additionally, it gives investors an additional comfort about the legal matters covered.

Another common situation is judicial and administrative disputes with foreign entities. Legal opinion will allow you to determine the applicable law and conditions for the recognition/execution of court decisions in a foreign country, identify international treaties, bilateral agreements, and local laws, and provide the court with a well-founded position regarding competence and protection of rights.

Neglecting a legal opinion entails the risk of financial losses (fines, confiscation of assets, disruption of transactions), criminal and administrative prosecution, deterioration of business reputation, loss of time and resources (lengthy legal proceedings, the need to hire an additional team of lawyers).

Structure of a legal opinion

A properly prepared legal opinion is one of the key tools for protecting the rights and interests of clients. For such a conclusion to be effective it needs to include the following elements – it must have a logical, structured form and take into account all the features of a particular case. 

The conclusion begins by stating who the client is, what the problem is, and how it relates to international law. It is necessary to state on what basis the analysis is carried out and what the document is intended for: submission to the judicial authorities, to the CCF Commission, for the client’s internal purposes (risk assessment), for banks or partners, etc.

In the factual part, it is necessary to provide all sources of information: court decisions, copies of arrest warrants, extradition agreements, extracts from registers, sanctions lists, and Interpol notifications. The essential facts of the case are briefly summarized: dates, names, names of companies, and jurisdictions in which the events took place. It should be noted whether due diligence has been done to check the materials for accuracy. It indicates which legal provisions are valid for a given situation.

In addition, the legal opinion provides legal analysis and argumentation, the applicability of international treaties and agreements.  Lawyers formulate these in defense: the political nature of the prosecution, procedural violations, the absence of the subject of the crime, etc. If we are talking about sanctions, an analysis is provided of why the client is not subject to restrictions (or arguments for exclusion from the list). But as a golden rule, you shouldn’t request a specific legal opinion which you wouldn’t be willing to give since such an an analysis impacts the attorney’s reputation.

Our legal expertise

At the initial consultation, our team will carefully study the case materials, conduct a preliminary analysis, and form a legal document that will reflect the validity of the charges and recommendations for defense. Our conclusion serves as a guidance for both the client and his lawyers in court or when contacting government agencies and organizations. We formulate arguments for withdrawing/challenging the notification and determine procedural paths to minimize the risk of detention and extradition.

If necessary, our lawyers participate in negotiations with competent authorities and prepare representation in courts. If the case extends beyond the borders of one country, we connect a network of partners and lawyers around the world for comprehensive coordination of the defense.

We consider the case not only from the point of view of national law, but also taking into account international conventions, the practice of the European Court of Human Rights, and decisions of the CCF Commission. Such multilateral analysis helps to identify any inconsistencies and formulate objective arguments for defense.

In matters of international investigation, every minute can be worth its weight in gold. We act promptly, treat every detail with care, and ensure complete confidentiality of all case materials. If necessary, we involve lawyers from other countries, translators, and specialists in the field of international criminal law. This makes our assistance available even in complex multilateral disputes.

Contact us right now to receive an initial consultation and qualified legal assistance. We will develop a comprehensive strategy, prepare a professional legal opinion, and provide support at every stage, right up to the complete removal of the red notice and protection from extradition.