Simplified Extradition — Consent of the Requested Person

Term and legal basis

Simplified extradition under Section 41 IRG (for general extradition) or Section 79(3) IRG (for the EAW) arises where the requested person consents to their extradition before the Higher Regional Court (Oberlandesgericht, OLG). The consent must be given voluntarily, with knowledge of the legal consequences, and after instruction by the judge. It can be revoked up until surrender.

Legal consequence: waiver of the rule of specialty

By giving consent, the requested person waives the protection of the rule of specialty. This means that, after surrender, the requesting state may also prosecute or punish them for offenses other than those on which the extradition was based. This is the most significant legal consequence and 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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