The Appeal Court overturned Nicosia District Court’s decision. It approved execution of a European Arrest Warrant (EAW) issued by French authorities in a major online cryptocurrency fraud case.
The fraud case involves multinational crime centred on fake cryptocurrency investments. French court documents link these to nearly $700 million in money laundering. The appellant allegedly managed a Binance account via her company. Hundreds of thousands of USDT tied to the scams passed through it, plus millions routed to other suspects.
District court ruling
The District Court rejected the EAW. It ruled the purpose unclear, citing French phrasing that sought handover for questioning. This raised doubts on whether it aimed at prosecution or mere investigation. The court found it failed formal and substantive law requirements.
Appeal Court reverses
The Appeal Court took a different view. Its detailed ruling stresses the EAW process facilitates suspect transfers between EU states without unnecessary hurdles. It does not probe guilt or innocence. EU law and case law interpret “criminal prosecution” broadly, not tied to specific national stages.
Key to the decision: The EAW and French clarifications clearly show no conviction exists. France seeks handover for prosecution proceedings. “Questioning” forms a standard stage in continental and common law systems, even post-prosecution start.
The Appeal Court indirectly criticised the District Court for overstepping EAW limits. National courts cannot scrutinise foreign procedural details or demand proof of case stage. It highlighted misuse of English case law from a different framework.
Rejects defence arguments
The court dismissed the suspect’s claims of procedural abuse by the Central Authority and fair trial breaches. Defence prompted clarifying questions to France. No adverse impact proved. She benefited, as clarifications underpinned the initial rejection.
Offences – fraud, criminal organisation, money laundering, computer crimes – require no dual criminality check. France punishes them as serious felonies with up to 10 years’ jail, underscoring gravity.
Reinforces EU framework
This ruling reaffirms the EAW’s European nature. It signals national courts must avoid excessive formalism or foreign procedure nitpicking when evidence clearly points to handover for serious cross-border prosecution.
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