IRG — the Act on International Mutual Legal Assistance in Criminal Matters

What is the IRG?

The Act on International Mutual Legal Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen, IRG) of 23 December 1982 is the central German legal basis for all forms of cross-border cooperation in criminal matters. It governs extradition, the enforcement of foreign judgments, transit, and other forms of mutual legal assistance.

Structure of the Act

The IRG is divided into several parts. The General Part (Sections 1–12) contains the basic rules, the rules on jurisdiction, and the priority of treaties. Special Part I (Sections 13–53) governs general extradition on the basis of the European Convention on Extradition and on a bilateral basis. Special Part II (Sections 78–83h) governs the European Arrest Warrant. Further parts concern the enforcement of foreign decisions (Sections 48–58 for fines, Sections 84–85 for custodial sentences) and other forms of mutual legal assistance.

Key individual provisions

Section 1(3) IRG — priority of treaties under international law. Section 3 IRG — principles governing eligibility for extradition. Section 6 IRG — extradition of one's own nationals. Section 11 IRG — the rule of specialty. Section 15 IRG — extradition detention and grounds for detention. Section 29 IRG — the admissibility decision by the Higher Regional Court. Section 33 IRG — subsequent decision on admissibility. Section 79 IRG — special requirements for the EAW.

Relationship to treaties

The IRG applies subsidiarily: where an applicable treaty under international law exists (the European Convention on Extradition, a bilateral agreement, or the EAW Framework Decision), that treaty takes precedence. The IRG fills the gaps and governs the procedure to the extent that treaties contain no differing provisions.

Jurisdiction

The court with subject-matter jurisdiction over the admissibility decision is the Higher Regional Court (Oberlandesgericht, OLG) at the seat of the competent General Public Prosecutor's Office. Local jurisdiction lies with the Higher Regional Court in whose district the requested person was apprehended or has their residence. The granting procedure is conducted by the General Public Prosecutor's Office with the involvement of the Federal Ministry of Justice.

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