Criminal Defense

Requirements for the order of extradition custody from Germany

Since the entry into force of the European Arrest Warrant Act (EuHbG) of July 20, 2006 (Federal Law Gazette I p. 1721) on August 2, 2006, extradition to a Member State of the European Union pursuant to Section 1 (4), 78 IRG has been governed by Sections 80 et seq. of the IRG. IRG, which implemented Council Framework Decision 2002/584/JHA of June 13, 2002 on the European arrest warrant and the surrender procedures between Member States (OJ No. L 190 of July 18, 2002 p. I – RbEuHb).

The extradition must not be inadmissible from the outset (Sec. 15 (2) IRG); the OLG Brandenburg (2 AR 38/21) can be used as a checklist:

  • The alert in the Schengen Information System must meet the requirements of Section 83a (1) IRG; if this is the case, the alert is deemed to be a European Arrest Warrant (Section 83a (2) IRG).
  • The alert must specify the identity of the prosecuted, name and address of the issuing judicial authority, as well as the nature and legal assessment of the offenses, including the legal provisions; furthermore, it must describe the circumstances under which the offenses are alleged to have been committed, with an indication of the time of the offense, the place of the offense, and the participation of the prosecuted in the offense
  • There must be no circumstances that could prevent the admissibility of extradition in accordance with Section 81 IRG;
  • The criminal acts on which the request is based must also be punishable under German law.
  • The term of imprisonment to be enforced must be more than four months (Section 3 (3), Section 81 Nos. 1, 2 IRG).
  • There must be a reason for detention according to §15 IRG
German Lawyer at Law Firm Ferner Alsdorf
I am a specialist lawyer for criminal law + specialist lawyer for IT law and dedicate myself professionally entirely to criminal defence and IT law, especially software law. Before becoming a lawyer, I was a software developer. I am an author in a renowned commentary on the German Code of Criminal Procedure (StPO) as well as in professional journals.

Our law firm specialises in criminal defence, white-collar crime and IT law / technology law. Note our activity in digital evidence in IT security and software law.
German Lawyer Jens Ferner (Criminal Defense & IT-Law)