Extradition request (Section 10 IRG)

Definition

The extradition request is the formal request made by a foreign state to Germany to extradite a person for the purpose of criminal prosecution or the enforcement of a sentence. It is the formal basis of the extradition proceedings.

Content (Section 10 IRG)

Required under Section 10 (1) IRG are: an arrest warrant, a document having equivalent legal effect, or an enforceable decision ordering a deprivation of liberty issued by the requesting state, together with a description of the applicable laws; depending on the treaty basis (e.g. Art. 12 of the European Convention on Extradition), also details of the identity of the requested person and of the offense (time, place). A description of the grounds for suspicion is only required where special circumstances of the case give reason to examine whether there is sufficient suspicion of the offense (Section 10 (2) IRG).

European Arrest Warrant

The EAW is a standardized form (the annex to the Framework Decision) and replaces the classic request within the EU context. Direct channel between authorities — no diplomatic channel.

Lines of defense

The review for completeness and coherence is central. Errors — an inadequate description of the offense, missing criminal provisions, unclear identification — can render the request inadmissible.

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