MLA Request — Definition and Procedure

Definition and function

A mutual legal assistance request is the formal diplomatic or judicial request by a state to Germany to extradite a person or to provide other legal assistance. In extradition law it is a precondition of the formal proceedings and triggers the Higher Regional Court's (Oberlandesgericht, OLG) duty of review. Without a formal request no extradition can take place — provisional arrest and provisional extradition detention are, however, possible on the basis of an arrest warrant.

Content and form

Under Section 10 IRG and the applicable treaties (e.g. Art. 12 of the European Convention on Extradition), the request must in particular contain: information on the identity of the requested person, the arrest warrant or enforceable judgment, and a statement of the applicable criminal provisions; a statement of the facts is required only where special circumstances so warrant. In the case of judgments in absentia, additional particulars of the course of the proceedings are required. In EAW proceedings, the standardized EAW form replaces the classic request.

Channel of transmission

Traditionally, transmission takes place through diplomatic channels via the Federal Foreign Office to the Federal Office of Justice (Bundesamt für Justiz, BfJ). In EAW proceedings, direct judicial transmission (court to court) is provided for. In relation to states without an extradition treaty, the diplomatic channel is mandatory.

Defects in the request

Formal defects may render the extradition inadmissible or prompt requests for supplementary information. Substantive ambiguities entitle the Higher Regional Court to obtain additional information from the requesting state. The requested person may raise defects in the course of their hearing.

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