Rule of Specialty

Definition

The rule of specialty (also: principle of specialty) means that an extradited person may be prosecuted, punished or subjected to a measure depriving them of liberty in the requesting state only for those offenses for which extradition was granted. Other offenses are not covered by the extradition grant.

Legal basis

In German law, the rule of specialty is anchored in Section 11 IRG. In European Arrest Warrant law it is found in Article 27 of Framework Decision 2002/584/JHA. On a bilateral level, it is also enshrined in Article 14 of the European Convention on Extradition (EuAlÜbk).

Scope and effects

Specialty protection applies from the moment of surrender. It protects not only against criminal prosecution but also against enforcement measures for other offenses. The protection can be lifted with the consent of the requested person or with the authorization of the executing state.

Exceptions under the EAW

Article 27(3) of the Framework Decision provides for exceptions: prosecution for other offenses is possible where the requested person waives specialty, for offenses that do not entail a deprivation of liberty, or where the executing state subsequently consents. Mere prosecution without deprivation of liberty is generally exempt from specialty protection.

Practical significance

Violations of the rule of specialty can form the basis for a constitutional complaint or an application for return transfer. The requested person has the right to monitor compliance with specialty protection and to take legal action in the event of violations.

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