Besides his in-depth understanding of rules and procedures, Julian Heiss possesses strong interpersonal skills, creative thinking and the necessary analytical and investigative skills to develop effective legal strategies and litigate complex cases. He speaks with us today about new criminal law legislation and why cannabis should be legalised.
What motivated you to embark upon a career focused on this practice area?
I think I was born to be a criminal lawyer. Already as a small kid I stood up for the ‘underdogs’. I believe in the concept ‘innocent until proven guilty’, and that everyone should be afforded due process and equal protection under the law. I can make a difference in someone’s life and help people in need. This is what I love about my job and motivates me every single day.
What are the most recent regulatory developments surrounding fraud crimes and related criminal law in Germany?
Recently the new German Money Laundering Act entered into force. The Act contains various new elements, which must now be integrated in to the compliance systems of all companies. New legislation on the confiscation and deprivation of ill-gotten gains in criminal cases – The Reform Act – has also recently come into force. Its basic objective is to reorganise and facilitate victim compensation, and effectively confiscate illegal proceeds from the offender or third-party beneficiaries.
How will these changes affect litigation in the criminal law arena?
Previously, confiscation was limited to certain organised crime cases. Now, the court can order a confiscation if it is convinced that the source of the specific asset in question was a criminal offence. This may be the case if the court identifies a substantial difference between the value of a specific asset and the regular legal income of the suspect. The enforcement of financial claims against criminal offenders is now handled by the criminal justice authorities, who distribute the assets among the victims.
The Money Laundering Act’s core element is the introduction of a transparency register, which will impact practically all German companies. The Act also provides for increased risk assessments as well as an extended catalogue of administrative offenses with increased financial penalties. Moreover, the law gives supervisory authorities additional powers in cases where money-laundering obligations are breached, for example, in temporarily banning persons from exercising managerial functions.
What are currently the biggest obstacles to effectively combating tax avoidance and evasion schemes in Germany as well as globally, and what solutions do you recommend?
Recent corporate tax evasion scandals reveal that despite of progress in terms of greater tax fairness, transparency, and exchange of information, plenty remains to be done to close existing loopholes. I think it requires a combination of several approaches to end complicated tax avoidance and evasion schemes: including harmonisation of tax bases, ambitious reforms, and efficient transparency standards at an international level. We need to create a level playing field for all businesses in the EU. Furthermore, the German Federal Ministry of Finance and the revenue authorities of Germany’s federal states, who administer the German tax system, need to work together closely to effectively tackle tax avoidance.
What do you think could be done to tackle narcotic crimes, in ways that will benefit your clients and society?
In Germany, since beginning of the year, marijuana is now legal for medicinal purposes. However, I think this law does not go far enough, and the sale and ownership of a soft drug like marijuana should be fully legalised. Consumers are being criminalised, which can have a devastating effect on their lives. I have seen many young people’s lives being ruined because of involvement with cannabis. They buy the drug from black market dealers, get involved with the wrong people, and eventually they lose their job when a charge appears on their criminal record – drawing them deeper and deeper into drug abuse and criminal actions.
Legalisation would also reduce crime associated with buying and end the the ability of criminals and organized crime to make large amounts of money through cannabis trafficking. Also, much as with tobacco and alcohol, it would be much easier to control the quality of production eliminating harmful contaminants and diluents as well as controlling ant taxing consumption. Again, as with tobacco and alcohol educational campaigns informing young people as to the risks of use and abuse can be expected to play their part in controlling consumption.
In my opinion, criminal prohibition has failed. Too little money was spent on prevention and rehabilitation and too much on prosecution.
Julian Heiss
Partner, Certified Specialist in Criminal Law
Cura Advocati
Falkensteiner Str. 77
60322 Frankfurt am Main
Deutschland
T + 49 (0)69 9778660
F + 49 (0)69 97786666
julian.heiss@cura-advocati.de
Julian Heiss is one of the founding partners of Cura Advocati and leads the law firm´s criminal department since 2003.
As a certified specialist in criminal law with more than 14 years of experience Julian Heiss has handled hundreds of trials and a long list of clients across Germany in all criminal law segments, both as advisor and as litigator. He defends his clients before Local Courts, Regional Courts, Higher Regional Courts and before the Federal Supreme Court and has extensive trial, plea bargaining and negotiating experience.
See his referrals on Anwalt.de, one of the leading advocate registers in Germany (in German language).
