Frequently Asked Questions

Extradition is the surrender of a person to another state for the purpose of criminal prosecution or the enforcement of a sentence. The legal basis in Germany is the Act on International Mutual Legal Assistance in Criminal Matters (IRG); within the EU, the simplified system of the European Arrest Warrant applies.

Article 16(2) of the Basic Law protects German citizens against extradition as a matter of principle. Extradition to EU member states and the International Criminal Court remains possible under the narrow conditions of Section 80 IRG — for example where the offense has a significant foreign connection, and only against an assurance that the person will be returned to Germany to serve any sentence.

The European Arrest Warrant is a simplified surrender procedure between EU states — with short deadlines and the principle of mutual recognition. Towards non-EU states, classic extradition law applies (the European Convention on Extradition, bilateral treaties or the IRG) with a more comprehensive case-by-case review.

A Red Notice is an international wanted alert issued by Interpol. It is not itself an arrest warrant, but in practice it frequently leads to arrests. Through the Commission for the Control of INTERPOL's Files (CCF), deletion can be requested — especially in cases of politically motivated abuse.

Make no statement on the substance and sign nothing — in particular do not consent to simplified extradition, as that consent is irrevocable. Insist immediately on a defense lawyer specialized in extradition law and on having your relatives notified.

Extradition detention (Sections 15 ff. IRG) secures the conduct of the proceedings and as a rule continues until the decision on the admissibility of the extradition. Under the European Arrest Warrant, shortened deadlines apply; with non-EU states the detention can last several months.

Yes. A detention review and an appeal against detention are possible. A suspension of detention (release from custody against conditions such as bail, reporting obligations or surrender of one's passport) may come into consideration if the securing purpose can also be achieved without detention.

The Higher Regional Court (Oberlandesgericht, OLG) decides on the admissibility of the extradition (Section 29 IRG). The subsequent granting decision — the political-administrative decision — is made by the General Public Prosecutor's Office or the Federal Office of Justice.

There is no ordinary appeal against the admissibility decision of the OLG (Section 13 IRG). The only remaining remedy is a constitutional complaint to the Federal Constitutional Court (Bundesverfassungsgericht, BVerfG), regularly combined with an urgent application under Section 32 BVerfGG. For this reason, all objections must already be raised in full in the proceedings before the OLG.

Among the most important bars are: a threat of torture or inhuman treatment (Article 3 ECHR), the death penalty, political persecution, the principle of double jeopardy (ne bis in idem), the statute of limitations, a lack of dual criminality and detention conditions incompatible with human rights in the destination state.

As a rule, no. The consent is irrevocable and waives the court's review of admissibility. Never make such a declaration without prior legal advice — it cannot be withdrawn.

Under the European Arrest Warrant, shortened deadlines of 60 or 90 days apply. Classic extradition proceedings with non-EU states often take several months, longer with a constitutional complaint. Extradition detention regularly continues throughout this time.

I defend exclusively as a privately retained defense lawyer on the basis of a fee agreement. The first assessment is free of charge and without obligation; after access to the case file you receive a transparent calculation before any further costs arise.

Extradition law combines constitutional, European and international law, the deadlines are short and the OLG's decision is unappealable. Early, specialized defense from the moment of arrest is regularly decisive for the outcome of the proceedings.