Section 54a
Enforcing long sanctions involving deprivation of liberty

(1) If the sentencing state has imposed the condition that, following the transfer of a German national, a sanction involving deprivation of liberty is to be enforced for a specific period in the Federal Republic of Germany, then the court may, by way of exception and giving consideration to the sentenced person’s interests,
1. in derogation from section 54 (1) sentence 3, also set a sanction which exceeds the maximum sanction which can be imposed for the offence within the area of application of this Act and
2. suspend on probation the enforcement of the remainder of the sentence of imprisonment to be enforced in the Federal Republic of Germany pursuant to section 57 (2) only with the consent of the sentencing state.

(2) The court may only give the decision referred to in subsection (1) if the sentenced person makes an application to that effect. The sentenced person’s application as referred to in sentence 1 is to be declared before and placed on record by a judge or, if the sentenced person is being detained abroad, a German consular official authorised to record declarations of intent. Such an application may not be withdrawn. The sentenced person must first be instructed about the legal consequences of such an application and about the fact that it cannot be withdrawn.

(3) If, after a court has given a decision pursuant to section 54 (1) or section 54a (1), the sentencing state imposes the condition that following transfer the sanction involving deprivation of liberty is to continue to be enforced for a specific period in the Federal Republic of Germany, then the court gives a new decision in accordance with subsection (1) ex officio, upon application by the public prosecution office or upon application by the sentenced person.

Section 57 Enforcement

(1) Once authorisation to render mutual assistance has been given, the public prosecution office with jurisdiction under section 50 sentence 2 is responsible, in the capacity as enforcing authority, for enforcement, provided that the foreign state consents to enforcement. Competence for enforcing a sanction which has been converted into a sanction which is permissible under the Youth Courts Act is determined in accordance with the provisions of the Youth Courts Act.

(2) Enforcement of the remainder of a sanction involving deprivation of liberty may be suspended on probation. The provisions of the Criminal Code apply accordingly. If, in the case of a determinate sentence of imprisonment, the period after which two thirds of the penalty has been served amounts to more than 15 years, then section 57a of the Criminal Code, with the exception of subsection (1) sentence 1 no. 2, also applies accordingly.

(3) The decision referred to in subsection (2) and subsequent decisions relating to suspension of a sentence on probation fall to the court which has jurisdiction under section 462a (1) sentence 1 and 2 of the Code of Criminal Procedure or, if no jurisdiction is established under this provision, the court which has jurisdiction for the decision under section 50.

(4) Enforcement of a converted sanction is governed by those provisions which would be applicable to a corresponding sanction imposed in the Federal Republic of Germany.

(5) Enforcement of a sum of money is to be terminated or limited if the sentenced person submits a document indicating that the sum of money was enforced in another state or the enforcing authority learns of this in another manner.

(6) Enforcement is to be dispensed with if the competent agency in the foreign state gives notification that the conditions for enforcement no longer apply.

(7) Where a foreign order for the confiscation of the proceeds of crime has been enforced and there are indications that a named person may have a claim for compensation against the sentenced person resulting from the offence giving rise to the order, then that person must be instructed without delay about his or her rights under section 56a in the form of a simple letter which is to be forwarded to his or her last known address. This may be dispensed with if the time limit in section 56a (4) sentence 2 has already passed.

Section 71
Enforcement of German judgments abroad

(1) Enforcement of a penalty or other sanction which was imposed on a foreign national within the area of application of this Act may be transferred to a foreign state if

1. the sentenced person’s residence or habitual residence is in the foreign state or said person is staying in that foreign state and is not being extradited because a request for extradition has not been made or has been refused, or extradition cannot be effected or

2. enforcement in the foreign state is in the sentenced person’s or in the public interest.

The sentenced person may only be transferred for the purpose of enforcing a sanction involving deprivation of liberty; section 6 (2) and section 11 apply accordingly.

(2) Enforcement of a penalty or sanction not involving deprivation of liberty which was imposed on a German national within the area of application of this Act may be transferred to a foreign state if this is in the public interest. Further, the enforcement of a penalty or other sanction not involving deprivation of liberty which was imposed on a German national within the area of application of this Act may be transferred to a foreign state if

1. the sentenced person’s residence or habitual residence is in the foreign state or said person is staying in that foreign state,

2. the sentenced person is not being extradited because a request for extradition has not been made or has been refused, or extradition cannot be effected and

3. the sentenced person will not suffer any significant disadvantages which go beyond the purpose of the punishment on account of the enforcement in the foreign state.

If the sentenced person is not in the foreign state, then enforcement of a sanction involving deprivation of liberty may, further, only be transferred if, following instruction, the sentenced person consents thereto and that consent is declared before and placed on record by a judge or a German consular official authorised to record declarations of intent. Such consent may not be revoked.

(3) Enforcement may only be transferred if it is guaranteed that the foreign state will comply with any withdrawal or limitation of the transfer.

(4) Enforcement of a sanction involving deprivation of liberty may only be transferred if the court has declared enforcement in the foreign state to be permissible. It is for the higher regional court to give a decision on permissibility by way of court order. Local jurisdiction lies with the court which imposed the penalty or other sanction to be enforced or, where a sentence of imprisonment is being enforced against the sentenced person within the area of application of this Act, in accordance with section 462a (1) sentences 1 and 2 of the Code of Criminal Procedure. Section 13 (1) sentence 2 and (2), section 30 (2) sentences 2 and 4 and (3), section 31 (1) and (4), and sections 33, 52 (3) and 53 apply accordingly. If the sentenced person is within the area of application of this Act, section 30 (2) sentence 1 and section 31 (2) and (3) also apply accordingly.

(5) The German enforcing authority dispenses with enforcement if the foreign state has taken it on and carried it out. It may resume the enforcement if the foreign state did not complete it.

Section 85f
Securing continued enforcement

(1) If the sentenced person is found within the area of application of this Act before half of the sentence has been served which he or she has to serve for the sanction imposed or converted in the other Member State, then an order may be made to detain the sentenced person if
1. he or she cannot produce a certificate of discharge or a document with the same content or
2. the other Member State has not given notification that enforcement has been completed.

(2) The court may issue an order to detain the sentenced person as well as an alert for arrest and may order the necessary investigative measures even before enforcement is transferred to the other Member State. If the sentenced person is within the area of application of this Act, he or she is to be instructed about the orders referred to in sentence 1, such instruction being declared before and placed on record by a judge. If the sentenced person is in the sovereign territory of the other Member State, the court forwards such instruction.

(3) Orders to detain sentenced persons, orders to issue an alert for arrest and orders to take the necessary investigative measures are made by the court of first instance. Where a sanction involving deprivation of liberty is being enforced against a sentenced person within the area of application of this Act, it is for the chamber responsible for enforcement of sentences to make the orders referred to in sentence 1. Section 462a (1) sentences 1 and 2, (3) sentences 2 and 3, and (6) of the Code of Criminal Procedure applies accordingly. Section 6 (2) sentences 1 and 2, sections 7 to 9 (1) to (4) sentences 1 and 2, and sections 10 to 14 (2) of the Act Implementing the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983, the Additional Protocol of 18 December 1997 and the Schengen Convention of 26 September 1991 (Federal Law Gazette I, p. 1954; 1992 I, p. 1232; 1994 I, p. 1425), as last amended by Article 5 of the Act of 29 July 2009 (Federal Law Gazette I, p. 2274), apply accordingly.

Section 88e Enforcement

(1) Section 57 (1) applies, with the proviso that jurisdiction in respect of the enforcement of a foreign order is also established in accordance with the provisions of the Youth Courts Act if the sanction was not converted pursuant to section 88d (3) sentence 4 and the court applied the Youth Courts Act when giving its decision on enforceability.

(2) Section 57 (4) applies accordingly, with the proviso that the order for arrest for the purpose of making a declaration in lieu of an oath in respect of the assets or in respect of the whereabouts of property may only be made with the consent of the competent authority in the requesting Member State.

(3) Enforcement may be suspended temporarily under the conditions of section 88d (2).


Section 90b
Conditions governing permissibility

(1) In derogation from section 49, enforcement of a foreign judgment and supervision of probation measures or alternative sanctions imposed on the basis of that judgment are only permissible in accordance with the provisions of the Framework Decision on Supervision of Probation if

1. a court in another Member State has delivered a final and enforceable judgment,

2. the court
a) has suspended on probation the enforcement of a sanction involving deprivation of liberty imposed in the judgment,
b) has suspended the enforcement of the remainder of a sanction involving deprivation of liberty imposed in the judgment or
c) has imposed one of the alternative sanctions as designated in no. 6 on the sentenced person and has determined a sanction involving deprivation of liberty in the event of a breach of the sanction,

3. the sanction involving deprivation of liberty imposed by the court or determined in accordance with no. 2 (c) in the cases referred to in section 90h (5) can be converted into a sanction provided for under German law which most closely corresponds to it,

4. a penalty, measure of reform and prevention or an administrative fine could also have been imposed under German law for the offence giving rise to the judgment, notwithstanding any procedural obstacles and, where applicable, in the case of the analogous conversion of the facts,

5. the sentenced person
a) is a German national or has his or her lawful and habitual residence in the Federal Republic of Germany and no proceedings to terminate that residence are pending and
b) is in the Federal Republic of Germany and

6. one of the following probation measures or one of the following alternative sanctions was imposed on the sentenced person:
a) the obligation to inform a specific authority of any change of residence or workplace,
b) the obligation not to enter certain localities, places or defined areas in the other Member State or in the Federal Republic of Germany,
c) an obligation containing limitations on leaving the territory of the Federal Republic of Germany,
d) an obligation relating to behaviour, residence, education and training, or leisure activities, or containing limitations on or modalities of carrying out a professional activity,
e) the obligation to report at specified times to a specific authority,
f) the obligation to avoid contact with specific persons,
g) the obligation to avoid contact with specific objects used or likely to be used by the sentenced person with a view to committing a criminal offence,
h) the obligation to compensate financially for prejudice caused by the offence,
i)  the obligation to provide proof of compliance with the obligation referred to in letter (h),
j)  the obligation to provide proof of compliance with the obligation to compensate financially for any prejudice caused,
k) the obligation to carry out community service,
l) the obligation to cooperate with a probation officer,
m) the obligation to undergo therapeutic treatment involving a physical intervention or to undergo treatment for addiction, provided that the sentenced person and, where applicable, the person having parental custody of the sentenced person or the sentenced person’s legal representative has consented thereto,
n) the obligation to undertake every effort to make restitution for the damage caused by the offence,
o) the obligation on the part of anyone who was under the age of 21 at the time of the offence to apologise in person to the injured party,
p) the obligation to pay a sum of money to a charitable organisation if this is appropriate given the nature of the offence and the offender’s personality or
q) other obligations which are suited to helping the sentenced person not to commit any further offences or which relate to the conduct of a sentenced person who was under the age of 21 at the time of the offence, and thus to promote and ensure the sentenced person’s education.

The decision referred to in sentence 1 no. 2 (b) may be given by another competent authority in the other Member State in lieu of a court.

(2) In derogation from subsection (1) sentence 1 no. 4, enforcement of the judgment and supervision of probation measures or alternative sanctions imposed in that judgment are also permissible in relation to taxes, customs duties and currency exchange activities even if German law does not contain the same kind of provisions on taxes, customs duties and currency exchange activities as the law of the other Member State.

(3) Supervision of probation measures or alternative sanctions, but not the enforcement of the foreign judgment, is also permissible if,

1. instead of issuing one of the decisions referred to in subsection (1) sentence 1 no. 2, the court
a) has imposed one of the alternative sanctions designated in subsection (1) sentence 1 no. 6 on the sentenced person and has determined no sanction involving deprivation of liberty in the event of a breach of that sanction,
b) has conditionally deferred fixing the penalty by imposing one or more probation measures on the sentenced person or
c) has imposed one or more probation measures on the sentenced person instead of a sanction involving deprivation of liberty,

2. in derogation from subsection (1) sentence 1 no. 3, the sanction involving deprivation of liberty in the cases referred to in section 90h (5) cannot be converted into a sanction provided for under German law which most closely corresponds to it or

3. in derogation from subsection (1) sentence 1 no. 4, no penalty, measure of reform and prevention or administrative fine could be imposed under German law for the offence giving rise to the judgment.

Section 90k Supervision of sentenced person

(1) If the public prosecution office has only authorised the supervision of probation measures or alternative sanctions, then the court only supervises the sentenced person’s conduct during the probation period as well as compliance with the probation measures or alternative sanctions imposed on him or her insofar as the other Member State has suspended supervision. Section 90j (1) sentence 3 applies accordingly.

(2) If the public prosecution office has not authorised enforcement of the foreign judgment but supervision of probation measures or alternative sanctions is permissible because section 90b (3) no. 1 or no. 2 applies or because the obstacle to authorisation referred to in section 90e (2) was properly asserted, then in addition to supervision in accordance with subsection (1) the court also gives the following subsequent decisions:
1. regarding a reduction of the duration of the probation or supervision of conduct to the lower limit,
2. regarding an increase in the duration of the probation or supervision of conduct to the upper limit and
3. regarding the issuing, amendment and revocation of obligations and instructions, including the instruction to subject the sentenced person to the supervision and direction of a probation officer for the full duration or part of the probation period.

Section 90j (1) sentence 3 applies accordingly.

(3) Once supervision of the probation measures or alternative sanctions has commenced, that supervision is dispensed with if
1. a competent agency in the other Member State gives notification that the conditions for the supervision are no longer met,
2. the sentenced person has fled the Federal Republic of Germany or
3. the court would revoke suspension on probation or would impose a sanction involving deprivation of liberty on the sentenced person.

Section 90j (4) sentence 2 applies accordingly.

(4) The court notifies the competent authority in the other Member State without delay about
1. any breach whatsoever of a probation measure or alternative sanction, in the event of its only supervising the sentenced person’s conduct, as well as compliance with probation measures and alternative sanctions pursuant to subsection (1),
2. subsequent decisions given pursuant to subsection (2) and
3. supervision being dispensed with pursuant to subsection (3).

The form in Annex II of the Framework Decision on Supervision of Probation is to be used for the notification required under sentence 1 no. 1 and no. 2 and for the notification about supervision being dispensed with required under sentence 1 no. 3 in conjunction with subsection (3) sentence 1 no. 3.

(5) Section 90j (3) applies accordingly, with the proviso that instead of instructing the sentenced person about the possibility of suspension being revoked or the previously determined sanction involving deprivation of liberty being imposed in accordance with section 90j (3) sentence 1 no. 4 the court instructs the sentenced person about the possibility of supervision being dispensed with in accordance with subsection (3) sentence 1 no. 3.

Subdivision 2
Supervision of German probation measures in another Member State of European Union

Section 90l
Authorisation of enforcement and supervision

(1) In derogation from section 71, the enforcing authority may transfer the following to another Member State under the provisions of the Framework Decision on Supervision of Probation:
1. the enforcement of a sanction involving deprivation of liberty imposed within the area of application of this Act whose enforcement or further enforcement was suspended on probation and
2. the supervision of obligations and instructions imposed on the sentenced person for the full duration or a part of the probation period.

Enforcement in accordance with sentence 1 no. 1 may only be transferred in conjunction with supervision in accordance with sentence 1 no. 2. The enforcing authority gives the sentenced person the opportunity to make a statement. This may be dispensed with if the sentenced person has applied for enforcement and supervision to be transferred to the other Member State.

(2) If the sentenced person is in the Federal Republic of Germany, the enforcing authority may only authorise the transfer of enforcement and supervision if the sentenced person has consented thereto. The sentenced person’s consent is to be declared before and placed on record by a judge. It may not be revoked. The sentenced person is to be instructed about the legal consequences of giving consent and about its irrevocability.

(3) The enforcing authority is to inform the sentenced person, in writing, about the decision to make a request for enforcement and supervision to another Member State. If the sentenced person is in the other Member State’s territorial jurisdiction, the enforcing authority may request that the competent authority in that Member State forward the notification to the sentenced person. All statements made by the sentenced person and by his or her legal representative must be included, in written form, with the request for enforcement.

(4) The enforcing authority may withdraw a request for enforcement and supervision as long as supervision by the other Member State has not yet commenced.

(5) If the enforcing authority does not authorise the transfer of enforcement of a sanction involving deprivation of liberty in accordance with subsection (1) sentence 1 no. 1 and supervision of obligations and instructions in accordance with subsection (1) sentence 1 no. 2 to another Member State or if it withdraws a request pursuant to subsection (4), then it gives reasons for this decision. The enforcing authority serves the decision on the sentenced person, provided he or she has consented to enforcement and supervision in that other Member State. The sentenced person may apply, within two weeks following service, for a court decision. Sections 297 to 300 and section 302 (1) sentence 1 and (2) of the Code of Criminal Procedure on appellate remedies and sections 42 to 47 of the Code of Criminal Procedure on time limits and restoration of the status quo ante apply accordingly.


Section 90m
Court proceedings upon application by sentenced person

(1) It is for the higher regional court with jurisdiction under section 71 (4) sentences 2 and 3 to decide, by way of court order, upon application by the sentenced person made in accordance with section 90l (5) sentence 3. The enforcing authority prepares the decision. Section 13 (1) sentence 2, section 30 (2) sentences 2 and 4 and (3), section 31 (1) and (4) and sections 33, 42 and 53 apply accordingly. If the sentenced person is within the area of application of this Act, then section 30 (2) sentence 1 and section 31 (2) and (3) also apply accordingly.

(2) If the sentenced person does not comply with the provisions governing an application for a court decision under section 90l (5) sentences 3 and 4, the court dismisses the application as inadmissible.

(3)  The sentenced person’s application for a court decision is rejected as unfounded by way of court order if
1. it is not permissible, under the provisions of the Framework Decision on Supervision of Probation and pursuant to section 90l (1), to transfer enforcement of a judgment delivered within the area of application of this Act and supervision of obligations and instructions imposed in that judgment to another Member State or
2. the enforcing authority properly exercised its discretionary power under section 90l (1) sentence 1 and (4).

(4)  If the sentenced person’s application for a court decision is admissible and well-founded and no discretionary decision other than that given by the enforcing authority is justified, the court declares enforcement of the sanction involving deprivation of liberty in accordance with section 90l (1) sentence 1 no. 1 and supervision of the obligations and instructions designated in section 90l (1) sentence 1 no. 2 in the other Member State to be permissible. If, however, another discretionary decision is considered as a possibility, the court reverses the decision given by the enforcing authority and returns the case files so that the enforcing authority may exercise its discretionary power once more, giving due consideration to the court’s legal opinion.

(5) The enforcing authority authorises the enforcement and the supervision in the other Member State under the terms of the final court decision. There is no right of appeal against the authorisation decision.


Section 90n
Domestic enforcement proceedings

(1) The German enforcing authority dispenses with enforcement and supervision if the other Member State has taken them on and carried them out. It may resume enforcement and supervision as soon as that other Member State has given notification that it dispenses with further enforcement and supervision.

(2) If the other Member State has converted or subsequently amended the obligations and instructions imposed on the sentenced person for the full duration or a part of the probation period, then the competent court converts the obligations and instructions in accordance with section 90h (7) sentence 1. That court which has jurisdiction to give decisions pursuant to section 453 of the Code of Criminal Procedure or section 58 of the Youth Courts Act has jurisdiction in this regard.

(3) If the other Member State increases the probation period by more than half of the initially determined period, the court reduces the duration of the probation period to that upper limit if the increased probation period is more than five years. If juvenile criminal law was applicable under German law, then sentence 2 applies, with the proviso that the maximum duration is four years. Any efforts which the sentenced person has made to fulfil obligations, offers, instructions or assurances in the other Member State are credited to him or her.

Division 5
Monitoring of supervision measures to avoid remand detention

Section 90o Principle

(1) Assistance in matters relating to the enforcement of judgments which is rendered and the transfer of such enforcement to another Member State of the European Union under the provisions of Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition of decisions on supervision measures as an alternative to provisional detention (OJ L 294, 11.11.2009, p. 20) (Framework Decision on Supervision Measures) are governed by the provisions of this Division.

(2) In the absence of special provision made under this Division, the general provisions of Part 1 and Part 7 apply. Section 53 applies accordingly.

(3) This Division takes precedence over agreements under international law as referred to in section 1 (3), provided that exhaustive provision is made on the relevant matter.


Section 90p
Conditions governing permissibility

(1) Obligations and instructions which another Member State of the European Union has imposed under the provisions of its national law and proceedings against a natural person to avoid remand detention (supervision measures) may be monitored in the Federal Republic of Germany. The monitoring of supervision measures is only permissible if
1. a penalty or measure of reform and prevention could, notwithstanding any procedural obstacles and, where applicable, in the case of analogous conversion of the facts, also be imposed under German law for the offence giving rise to the judgment,

2. following instruction about the supervision measures, the person to be monitored consents to return to or remain in the Federal Republic of Germany,

3. the person to be monitored
a) is a German national or has his or her lawful and habitual residence in the Federal Republic of Germany or
b) intends to establish his or her habitual residence in the Federal Republic of Germany forthwith and meets the requirements for entry into and residence in the territory of the Federal Republic of Germany and

4. one or more of the following supervision measures is or are to be monitored:
a) the obligation to inform a specific authority of any change of residence,
b) the obligation not to enter certain localities, places or defined areas in the Federal Republic of Germany or in the other Member State,
c) the obligation to remain at a specified place, where applicable during specified times,
d) an obligation containing limitations on leaving the territory of the Federal Republic of Germany,
e) the obligation to report at specified times to a specific authority,
f) the obligation to avoid contact with specific persons,
g) the obligation not to engage in specified activities in relation with the offence allegedly committed,
h) the obligation to deposit a certain sum of money or to give another kind of guarantee, which may either be provided in a specified number of instalments or entirely at once,
i) the obligation to avoid contact with specific objects in relation with the offence allegedly committed,

(2) In derogation from subsection (1) sentence 2 no. 1, the monitoring of supervision measures in tax, customs and currency exchange matters is also permissible even if German law does not contain the same kind of provisions on taxes, customs and currency exchange activities as the law of the other Member State.

(3) The monitoring of a supervision measure is not permissible if

1. the person to be monitored lacked criminal responsibility under section 19 of the Criminal Code or lacked criminal liability under section 3 of the Youth Courts Act at the time of the offence,

2. the person to be monitored
a) has already had final judgment passed upon him or her by a Member State other than that in which the judgment was delivered for the same offence which gave rise to the judgment and
b) has, in the event of conviction, had a sanction imposed and this has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state or

3. prosecution would be statute-barred under German law in the case of offences for which Germany’s jurisdiction has also been established.


Section 90q Documentation

(1) The monitoring of a supervision measure in accordance with the provisions of the Framework Decision on Supervision Measures is only permissible if the other Member State has transmitted the original or a certified copy of the enforceable decision on supervision measures together with a fully completed certificate, for which the form in Annex I of the Framework Decision on Supervision Measures, as amended, is to be used.

(2) If the certificate referred to in subsection (1) is incomplete but the required particulars can be drawn from the decision or from other accompanying documentation, then the competent authority may dispense with requiring the submission of a completed certificate.


Section 90r Obstacles to authorisation

Authorisation of the monitoring of supervision measures which is permissible under the terms of sections 90p and 90q may only be refused if
1. the certificate (section 90q (1)) is incomplete or manifestly does not correspond to the decision and the other Member State has not completed or corrected these particulars,
2. extradition of the person to be monitored would have to be refused in the event of a breach of a supervision measure,
3. proceedings are pending to terminate the residence of a person who has his or her lawful and habitual residence in the Federal Republic of Germany or
4. supervision of the person to be monitored can, in the individual case, be better guaranteed in another Member State in the case under section 90p (1) sentence 2 no. 3 (b).


Section 90s
Interim authorisation decision

(1) It is for the public prosecution office with jurisdiction under section 51 to give the decision on whether to take on the monitoring of supervision measures.

(2) The public prosecution office gives the person to be monitored the opportunity to make a statement, unless he or she has already done so.

(3) If the public prosecution office decides not to assert any of the obstacles to authorisation referred to in section 90r, it gives reasons for this decision in its application for a court decision on the permissibility of the supervision measure. The competent authority in the other Member State is to be notified by the public prosecution office before it applies for a court decision about
1. the reasons why it would have to refuse to extradite the person to be monitored in the event of a breach of a supervision measure and
2. it not asserting any obstacles to authorisation.

(4) If the public prosecution office does not authorise the monitoring of supervision measures, it gives reasons for this decision. The public prosecution office serves the decision on the person to be monitored. The person to be monitored may apply, within two weeks following service of the decision not to authorise the monitoring of supervision measures, for a court decision. Sections 297 to 300 and section 302 (1) sentence 1 and (2) of the Code of Criminal Procedure on appellate remedies and sections 42 to 47 of the Code of Criminal Procedure on time limits and restitution of the status quo ante apply accordingly.


Section 90t Court procedure

(1) It is for the local court to decide upon application by the public prosecution office pursuant to section 90s (3) sentence 1 or upon application by the person to be monitored pursuant to section 90s (4) sentence 3. Section 51 applies accordingly. The public prosecution office prepares the decision.

(2) Section 52 (1) applies accordingly to the court’s preparation of the decision, with the proviso that the competent authority in the other Member State must also have been given the opportunity to submit additional documentation if the documentation submitted is not sufficient to be able to assess whether the public prosecution office properly exercised its discretionary power. The court may set a time limit for submission of the documentation.

(3) Section 30 (2) sentence 2 applies accordingly, with the proviso that the court may also take evidence as to whether the public prosecution office properly exercised its discretionary power. Section 30 (2) sentence 4 and (3) and section 31 (1) and (4) apply accordingly. If the sentenced person is within the area of application of this Act, then section 30 (2) sentence 1 and section 31 (2) and (3) apply accordingly.


Section 90u
Court decision on permissibility

(1) It is for the local court to decide, by way of court order, upon applications for a court decision as provided for in section 90s (3) sentence 1 and (4) sentence 3. The supervision measures to be monitored must be precisely defined in the operative part of the decision granting the application.

(2) If the person to be monitored has not complied with the provisions governing an application for a court decision as provided for in section 90s (4) sentence 3, then the court dismisses the application as inadmissible. There is no right of appeal against the decision.

(3)  The court orders the monitoring of supervision measures if it is permissible and
1. the public prosecution office properly exercised its discretionary power not to assert any of the obstacles to authorisation referred to in section 90r or
2. the public prosecution office improperly exercised its discretionary power to assert obstacles to authorisation as referred to in section 90r and no other discretionary decision is justified; if, however, another discretionary decision is considered as a possibility, the court reverses the decision given by the public prosecution office and returns the case files so that the public prosecution office may exercise its discretionary power once more, giving due consideration to the court’s legal opinion.

(4)  The court converts the supervision measures imposed on the person to be monitored if
1. the conditions for the imposition of supervision measures under the law applicable within the area of application of this Act are not met or
2. the supervision measures imposed were not defined sufficiently precisely.

The converted supervision measures must correspond as closely as possible to the supervision measures imposed by the issuing state. They may not be more severe than the supervision measures imposed by the issuing state. The competent authority in the other Member State is to be notified without delay about any conversion as per this subsection.

(5) The public prosecution office and the person to be monitored may file an immediate complaint against the decision given by the local court. Subsection (2) sentence 2 remains unaffected. Section 42 applies accordingly.


Section 90v Authorisation following court decision

(1) The public prosecution office may only authorise the taking on of the monitoring of supervision measures if it has been declared permissible by court decision. The public prosecution office authorises the monitoring under the terms of the enforceable court decision. There is no right of appeal against the authorisation decision.

(2) A decision on authorisation is, as a general rule, to be given within 20 working days after the public prosecution office receives the documentation referred to in section 90q. Where an immediate complaint was filed against the court’s decision under section 90u (5), the time limit for authorisation is extended by a further 20 working days.

(3) If the public prosecution office is prevented, owing to extraordinary circumstances, from complying with the time limits set out in subsection (2), it notifies the competent authority in the issuing state without delay, giving the reasons for the delay and indicating how long it expects to take to give the final decision.


Section 90w Conduct of monitoring

(1) The court with jurisdiction to give the decision under section 90u assumes responsibility for monitoring the supervision measures immediately after authorisation to take on the monitoring of supervision measures is given and for the duration of the period indicated by the competent authority in the other Member State. The court may transfer monitoring in full or in part to the court in whose district the person to be monitored has his or her place of residence or, in the absence of such residence, his or her habitual residence. Such transfer is binding.

(2) If provision is made by law for the hearing or involvement of the public prosecution office, then that public prosecution office is competent which prepared the court decision on permissibility. Its competence remains unaffected by any transfer in accordance with subsection (1) sentence 2.

(3)  The court notifies the competent authority in the other Member State without delay about
1. any change in the person to be monitored’s place of residence,
2. the fact that the person to be monitored’s whereabouts in the territory of the Federal Republic of Germany can no longer be established and
3. any breach of a supervision measure and any judgments which could entail a further decision in relation to a decision on supervision measures; the form in Annex II of the Framework Decision on Supervision Measures, as amended, is to be used for this purpose.

(4)  The court dispenses with monitoring supervision measures if
1. the competent authority in the other Member State withdraws the certificate or gives notification in another suitable manner that monitoring of the supervision measures is to be discontinued,
2. the person to be monitored’s whereabouts in the territory of the Federal Republic of Germany can no longer be established,
3. the person to be monitored no longer has a lawful and habitual residence in Germany or
4. the competent authority in the other Member State has amended the supervision measure so that no supervision measure within the meaning of section 90p (1) sentence 2 no. 4 now exists.

The decision referred to in sentence 1 is given by way of court order.

(5) The court may dispense with monitoring the supervision measure if the competent authority in the other Member State has given no further decision in relation to a decision on supervision measures although the court
1. repeatedly notified the competent authority in the other Member State about the same person, as required under subsection (3) no. 3, and
2. set a suitable time limit for the issuing of a further decision in relation to a decision on supervision measures.

The decision referred to in sentence 1 is given by way of court order.

(6) If the court has decided to discontinue monitoring of the supervision measures under the terms of subsection (5), it notifies the competent authority in the other Member State thereof in writing, giving reasons.


Section 90x
New and amended supervision measures

The provisions of sections 90o to 90w also apply to the taking on and monitoring of new or amended supervision measures, with the proviso that no re-examination as set forth in section 90p (1) sentence 2 no. 2 and no. 3 and (3), section 90r and section 77 (2) is then carried out. In the case of decisions on new supervision measures, no re-examination as set forth in section 90p (1) sentence 2 no. 4 is carried out either.


Section 90y Transfer of monitoring

(1) The court with jurisdiction under section 126 of the Code of Criminal Procedure may transfer the monitoring of supervision measures to avoid remand detention imposed by a German court to another Member State of the European Union for monitoring under the provisions of the Framework Decision on Supervision Measures. Such transfer is only permissible if the person to be monitored
1. has his or her lawful and habitual residence in that Member State and
2. has consented to return to that Member State following instruction about the supervision measures in question or
3. is already in that Member State.

The court gives the public prosecution office the opportunity to make a statement.

(2) In derogation from subsection (1) sentence 2 no. 1 and no. 2, the court may transfer the monitoring of supervision measures to a Member State of the European Union other than that in which the person to be monitored has his or her lawful and habitual residence, provided the person to be monitored has filed an application to that effect.

(3)  The court notifies the competent authority in the other Member State without delay about 1. any further decision given in relation to a decision on supervision measures and
2. any legal remedy filed against a decision on supervision measures.

(4)  The court may request the competent authority in the other Member State to extend the monitoring of supervision measures if
1. the competent authority in the other Member State has stated a specific period during which the monitoring of supervision measures is permissible,
2. the period referred to in no. 1 has elapsed and
3. it deems monitoring of the supervision measures still to be necessary.

(5) A request as referred to in subsection (4) must include the following information:
1. the reasons for the extension,
2. the likely consequences for the person to be monitored if the supervision measures were not to be extended and
3. the likely length of the extension.


Section 90z
Withdrawal of transfer of monitoring

(1) The court must withdraw the certificate relating to the transfer of monitoring if the conditions for the issuing of an arrest warrant are no longer met. It may withdraw the certificate if
1. the competent authority in the other Member State has given notification that it has amended the supervision measures in line with the law applicable in that Member State,
2. the competent authority in the other Member State has given notification that it can only monitor the supervision measures for a limited period of time or
3. the competent authority in the other Member State has given notification that, in the event of a breach of the supervision measures, it would have to refuse to extradite the person to be monitored.

In the cases under sentence 2, the certificate must be withdrawn before monitoring has commenced in the other Member State and no later than 10 days after the competent court receives the notification.

(2) The court resumes responsibility for monitoring the supervision measures if
1. the competent court in the other Member State gives notification that the person to be monitored has moved his or her lawful and habitual residence to a state other than the notified executing state,
2. the court has amended the supervision measures and the competent authority in the other Member State has refused to monitor the amended supervision measures,
3. the maximum period during which the measures may be monitored in the other Member State has elapsed,
4. the competent authority in the other Member State has decided to discontinue monitoring of the supervision measures under the provisions of Article 23 of the Framework Decision on Supervision Measures and has notified the court thereof.