Fri, Sep. 03, 2004

Fees for Criminal Defense Counsel

MC - Washington.   The Supreme Constitutional Court, Bundesverfassungsgericht, in Karlsruhe safeguards in its decision of March 30, 2004 the right to counsel and the exercise of the legal profession. Its recent redefinition of the money laundering statue of section 261 of the Criminal Code implies that only funds definitively known to be tainted at the time of their receipt by counsel are subject to the statute. Defense counsel need not undertake a specific investigation about the origin of fee payments. Clemens Kochinke reviews the decision comprehensively, see 20 International Enforcement Law Reporter 403 (October 2004).


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