Extradition Detention (Sections 15–18 IRG)

Forms

Provisional arrest (Section 19 IRG): Short-term, in cases of imminent danger — typically at the airport. Provisional extradition detention (Section 16 IRG): Ordered by the Higher Regional Court (Oberlandesgericht, OLG) where a request is to be expected and there is a risk of flight; maximum 2 months (extendable). Extradition arrest warrant (Section 17 IRG): Issued after receipt of the formal request — it replaces the provisional detention.

Grounds for detention (Section 15 IRG)

Risk of flight (no. 1) or risk of collusion (no. 2). Both require concrete indications — mere assumptions are not enough.

Suspension of detention (Section 25 IRG)

On application, the OLG may suspend the detention if less intrusive measures secure the proceedings: reporting requirements, surrender of the passport, bail, an electronic ankle tag. Filing the application early is strategically important.

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