Extradition — Definition and Basics

Definition

Extradition is the surrender of a person, made on the request of another state, for the purpose of criminal prosecution or the enforcement of a sentence. It is an act of international cooperation in criminal matters and always requires a legal basis and a judicial review of admissibility.

Distinctions

Surrender: in EU law the term “surrender” is used for the EAW; strictly speaking this is not a classic “extradition”, because the principle of sovereignty is structured differently. Deportation: a measure of immigration law that ends a stay — it may not be used to circumvent extradition law (Section 76 IRG). Taking over enforcement: enforcing a foreign judgment in Germany (Sections 48 ff. IRG) is not an extradition but an alternative form of mutual legal assistance.

Legal sources

The IRG (the central basis), the European Convention on Extradition (46 Council of Europe states), EU Framework Decision 2002/584/JHA (EAW), bilateral extradition treaties, and the ECHR, the EU Charter and the Basic Law as limits on every extradition.

Course of proceedings

Admissibility proceedings before the Higher Regional Court (Sections 29–42 IRG) → granting procedure at the Federal Office of Justice (Sections 74 ff. IRG). Only after a declaration of admissibility and the granting decision does the actual surrender take place.

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