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 fourteen parts, including: Part One — scope of application (Section 1, with the priority of treaties in Section 1(3)); Part Two — extradition to foreign states (Sections 2–42, including jurisdiction and procedure); Part Three — transit (Sections 43–47); Part Four — legal assistance by way of enforcement of foreign judgments (Sections 48–58); Part Eight — extradition and transit relations with the EU Member States, in particular the European Arrest Warrant (Sections 78–83j). Enforcement assistance in relations with the EU Member States is governed by Sections 84 et seq. IRG (custodial sanctions and financial penalties, respectively); in addition, there are provisions on 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 — political offences and political persecution (bar to extradition). The extradition of German nationals is governed by Article 16(2) of the German Basic Law (Grundgesetz); to EU Member States it is permissible only under the conditions of Section 80 IRG. 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 (for example the European Convention on Extradition or a bilateral agreement), that treaty takes precedence under Section 1(3) IRG insofar as it has become directly applicable domestic law. The EAW Framework Decision 2002/584/JHA, by contrast, does not apply directly; it is implemented by Sections 78 et seq. IRG, which, as special rules, take precedence over the other provisions of the IRG. 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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