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Extradition to Germany

When German authorities are looking for you abroad, the proceedings run in two states. There, the issue is arrest and extradition; here, it is the arrest warrant on which everything rests.

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It starts with a German arrest warrant. On that basis, an alert for arrest can be issued (Section 131 of the Code of Criminal Procedure [Strafprozessordnung, StPO]). Within the EU, the public prosecutor's office issues a European Arrest Warrant for this, which is entered as an alert in the Schengen Information System; this also takes effect in the Schengen states outside the EU. Worldwide, the search also runs via Interpol. A formal extradition request to another state is decided not by the public prosecutor's office or the court, but by the Federation or a federal state (Section 74 of the Act on International Mutual Legal Assistance in Criminal Matters, IRG).

What happens in your state of residence

Whether and how you are extradited is governed by the law of the state in which you are staying and by a treaty with Germany, if there is one. Within the EU, the European Arrest Warrant procedure applies; with many other states, the European Convention on Extradition (Europäisches Auslieferungsübereinkommen, EuAlÜbk) or a bilateral treaty. An arrest on the basis of the alert is possible there at any time, for example at a border or police check. How long the proceedings take and the conditions under which you are detained differ considerably from state to state.

States party to the European Convention on Extradition may refuse to extradite their own nationals (Article 6(1) EuAlÜbk). As a rule, that protects only those who hold the nationality of the state of residence, for example as dual nationals; German nationality alone does not help you abroad. If the state refuses, Germany can request that it submit the case to its own prosecuting authorities; whether proceedings are brought there is for that state to decide (Article 6(2) EuAlÜbk).

For the extradition proceedings in your state of residence, you need a lawyer admitted there. I take care of the German side and coordinate with that lawyer.

No treaty does not mean safe

With some states, such as the United Arab Emirates, Germany has no bilateral extradition treaty. That does not rule out extradition: the state of residence then decides under its own law whether it extradites without a treaty.

What the defense can do in Germany

The search stands or falls with the German arrest warrant. I apply for access to the file (Section 147 StPO); while the investigation is ongoing, it can be restricted. On that basis, I examine whether the arrest warrant holds up and challenge it where it is open to challenge. If it is set aside, the basis falls away; the alert and the request must then be withdrawn.

An alternative is to take your return into your own hands. If you turn yourself in after preparing your return, you may spare yourself extradition detention abroad. How to do that is explained on the page Return with an Outstanding Arrest Warrant.

Detention abroad is credited as a rule

Deprivation of liberty abroad, such as extradition detention, is credited against the later sentence in Germany; the court determines the rate at its discretion (Section 51(3) sentence 2 and (4) sentence 2 of the Criminal Code [Strafgesetzbuch, StGB]). If the detention conditions there were considerably harsher than in Germany, one day abroad can therefore count for more than one day. The court can, however, order that crediting be omitted in whole or in part if it is not justified in view of your conduct after the offense (Section 51(3) sentence 2 in conjunction with (1) sentence 2 StGB). If you are extradited to enforce a judgment that is already final, extradition detention is credited against the prison sentence to be enforced; here too, the court can, on application by the public prosecutor's office, order that this be omitted in whole or in part because of your conduct after the judgment (Section 450a(1) and (3) StPO).

Rule of specialty: as a rule, prosecution only for what you were extradited for

Germany must observe the conditions the extraditing state attaches to the extradition (Section 72 IRG). This includes the rule of specialty: for other offenses committed before your extradition, you may, as a rule, be prosecuted only with the consent of the extraditing state (Article 14 EuAlÜbk; for surrender from an EU member state, Section 83h IRG). The protection lapses if you do not leave Germany within 45 days of your final release although you could, or if you return after leaving (Article 14(1) EuAlÜbk; Section 83h(2) no. 1 IRG); the period may differ in individual cases. For surrender from an EU member state, you can also waive the protection; a waiver declared after surrender is irrevocable (Section 83h(2) no. 5 and (3) IRG). That should never be done without advice.

Statute of limitations: why waiting is not a reliable solution

An arrest warrant, the indictment and other procedural steps interrupt the limitation period; after that, it starts running again (Section 78c StGB). If Germany makes a formal extradition request, the limitation period for prosecution is suspended from the time the request is received by the requested state until you are surrendered, leave that state in some other way, its refusal is received by the German authorities or Germany withdraws the request (Section 78b(5) StGB). This does not apply where fixed time limits along the lines of the European Arrest Warrant exist for the request. If the sentence is already final, the court can, on application by the enforcement authority and before the period expires, extend the limitation period for enforcement once by half if you are staying in a state from which your extradition cannot be obtained (Section 79b StGB).

How I proceed

I first clarify what is pending in Germany: which arrest warrant, which alert, whether a request has already been made. Then the question is which route to take: challenge the arrest warrant and accompany the proceedings in your state of residence from here, or negotiate the conditions of your return. I coordinate with your lawyer on the ground.

Extradition to Germany at a glance

Two proceedings at once

In your state of residence, the issue is arrest and extradition under its law; in Germany, it is the arrest warrant on which the search is based. If it falls, the basis falls.

No treaty, no safety

If there is no bilateral extradition treaty, as with the United Arab Emirates, the state of residence decides under its own law. Extradition is not ruled out by that.

Detention counts

Extradition detention abroad is credited as a rule; the court determines the rate (Section 51(3) and (4) StGB). After extradition, the rule of specialty generally applies.

What those affected often ask

Can I be extradited from the United Arab Emirates to Germany?
It is possible. There is no bilateral extradition treaty between Germany and the United Arab Emirates. In September 2026 the two governments exchanged an agreement on mutual legal assistance in criminal matters, but not an extradition agreement. The Emirates therefore decide on a German request under their own law.
Can I avoid extradition by returning on my own?
Yes, a prepared return can spare you extradition detention abroad. Whether you are then placed in pre-trial detention in Germany is decided by the court; that is why, before you enter the country, I negotiate with the public prosecutor's office and the court whether the execution of the arrest warrant can be suspended (Section 116 StPO).
Is detention abroad credited against my sentence?
As a rule, yes. Deprivation of liberty abroad is credited, and the court determines the rate at its discretion (Section 51(3) sentence 2 and (4) sentence 2 StGB). With harsh detention conditions, one day abroad can therefore count for more than one day. If the enforcement of a final judgment is involved, Section 450a StPO applies.
Is the limitation period suspended while I am abroad?
Not merely because you are abroad. If Germany makes a formal extradition request to your state of residence, however, the limitation period for prosecution is suspended from the time the request is received there until you are surrendered, leave that state in some other way, the refusal is received by the German authorities or the request is withdrawn (Section 78b(5) StGB). This does not apply where fixed time limits along the lines of the European Arrest Warrant exist. The limitation period is also interrupted by an arrest warrant, the indictment and other procedural steps (Section 78c StGB).
Can I be prosecuted for other charges after extradition?
For other offenses committed earlier, as a rule only with the consent of the extraditing state (rule of specialty, Article 14 of the European Convention on Extradition; for surrender from an EU member state, Section 83h IRG). The protection lapses if you do not leave Germany within 45 days of your final release although you could, or if you return after leaving; the period may differ in individual cases. For surrender from an EU member state, it also lapses if you validly waive it (Section 83h(2) no. 5 IRG).
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