Some criminal cases cannot be cleanly assigned to one country. An account in Madrid, a residence in Munich, a business that runs in both directions: as soon as investigators become active in Germany and Spain at the same time, the defence turns into a task that no firm can solve alone from a single legal system. Fukuro Legal in Madrid and Barba & Partner in Munich built their cooperation for exactly these cases. This article shows when such a situation arises and how it can sensibly be handled.
Two legal systems, one client
German and Spanish criminal law share many basic ideas but differ in the details that count when it matters. This concerns the deadlines, the roles of prosecutor and court, the handling of evidence and above all the question of when and how an accused person should react. Anyone who knows these details for only one country easily makes the wrong call in the other, and in criminal law such mistakes are hard to correct later. On top of that, the authorities of both countries now cooperate more closely than before, for example through the European Investigation Order, so information crosses the border quickly. A case that begins in Spain can therefore have consequences in Germany within a short time, and the other way round.
Why a single firm reaches its limits here
A German firm can usually assess the situation in Spain only from a distance, and a Spanish firm faces the same with the German side. A mere translation of the file does not solve this, because the issue is not language but the correct legal classification in two systems at once. If only one side is handled competently and the other is improvised, friction arises: contradictory strategies, missed deadlines and statements that seem harmless in one country but do damage in the other. This weighs especially heavily in the early stage, when much is still open.
How Fukuro Legal and Barba & Partner work together
The approach divides the work but keeps it tightly linked. Fukuro Legal handles the criminal defence in Spain, Barba & Partner the German side, and both firms coordinate their strategy continuously. For the client this means one fixed contact on each side, communication in their own language and one common line instead of two separate proceedings. A typical example is a person resident in Munich with business activity in Spain, where searches take place in both countries at once. While Barba & Partner accompanies the German search and questioning, Fukuro Legal secures the rights on the ground in Spain, and both sides align what is said and filed where. You can read more about our partner on the Barba & Partner website and in their article on the cooperation.
Typical cases with a connection to both countries
In practice a few constellations keep coming up:
- economic crime proceedings whose business activity is spread across Germany and Spain,
- suspicion of money laundering with a cross-border dimension, where assets in both countries are affected,
- a European Arrest Warrant issued in one country and executed in the other,
- an arrest in the other country where relatives want to help from home.
What clients gain from it
Instead of two parallel consultations, the client receives one coordinated strategy that thinks both legal systems together. Decisions are not taken one after the other but jointly, which saves time and nerves in an already stressful situation. In urgent cases Fukuro Legal is reachable through its 24 hour criminal defence in Spain, while coordination with Munich runs in parallel. This keeps the client able to act, even when two sets of authorities approach at the same time.
Common questions
Do I then need two mandates?
As a rule you engage the firm that carries the focus of your case. The second side is brought in through the cooperation, without you having to steer two separate proceedings yourself.
In which language is the communication?
In yours. The German-language part runs through Barba & Partner, the Spanish part through Fukuro Legal, and both firms keep in contact so that nothing is lost.
When should I raise the cooperation?
As early as possible, ideally before you make any statement on the matter anywhere. If your case touches Germany and Spain, reach us through the Fukuro Legal contact page; the German side is handled by Barba & Partner in Munich.
