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)

The following are required: details of the identity of the requested person, a description of the alleged offense (act, time, place), the applicable criminal provisions of the requesting state, the judgment in the case of a conviction together with details of the sentence still to be served, and sufficient grounds for suspicion in the case of a request for criminal prosecution.

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.

← Back to the glossary index