Simplified Extradition — Consent of the Requested Person

Term and legal basis

Simplified extradition under Section 41 IRG — applicable in European Arrest Warrant proceedings via Section 78(1) IRG (cf. Section 79(2) sentence 4, Section 83c IRG) — arises where the requested person, after judicial instruction, consents to their extradition on the record, as a rule before the judge at the local court (Amtsgericht; Section 41(4) IRG); the Higher Regional Court (Oberlandesgericht, OLG) decides on the admissibility. The consent must be given voluntarily and with knowledge of the legal consequences. It is irrevocable: once given, the consent cannot be withdrawn (Section 41(3) IRG).

Separate declaration: waiver of the rule of specialty

The consent must be distinguished from the waiver of the protection of the rule of specialty. That waiver does not follow automatically from the consent; it requires a separate declaration of agreement after judicial instruction (Section 41(2) IRG). Only then may the requesting state, after surrender, also prosecute or punish the requested person for offenses other than those on which the extradition was based. This agreement likewise cannot be withdrawn (Section 41(3) IRG) — both declarations and their implications must be explained to the requested person unambiguously.

Practical considerations

Simplified extradition speeds up the proceedings considerably — under the EAW the time limits are reduced to 10 days (Article 17(2) of the Framework Decision). Whether consent makes sense as a matter of defense strategy depends on the overall situation: Is there a strong interest in remaining in Germany? Are there bars to extradition that could apply if the proceedings are pursued consistently? Weighing this up is a core task of the defense lawyer.

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