Exequatur procedure

Definition

The exequatur procedure is the judicial procedure for declaring a foreign criminal judgment enforceable in Germany. It provides the basis on which a sentence imposed abroad can be enforced in Germany without the requested person being transferred to the sentencing state.

Legal basis

The basis is formed by Sections 84–85 IRG, the Council of Europe Convention on the Transfer of Sentenced Persons of 1983, and, within the EU, Framework Decision 2008/909/JHA. The exequatur procedure serves the interest of the sentenced person in being able to serve the sentence in their home state.

Requirements

A declaration of enforceability requires that the judgment is final, that the act would also be punishable under German law (dual criminality), that no German criminal proceedings are pending for the same act, that the sentence is compatible with German law, and that the sentenced person has consented (or that the matter is being handled at the request of the foreign state).

Course of proceedings

The proceedings are conducted before the competent regional court (Landgericht). The court reviews the formal requirements and, where necessary, adapts the sentence to the German sentencing range (adaptation procedure). The sentenced person is heard. An immediate appeal (sofortige Beschwerde) is available against the decision.

Practical significance

The exequatur procedure offers an important alternative to extradition: instead of serving the sentence in a foreign country, it can be enforced in Germany. Attorneys should examine this option at an early stage and, where appropriate, actively apply for it.

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