Transit proceedings

Federal Republic of Germany

Germany - Act on cooperation in criminal matters 1982 (2021) EN

Section 84m Transport procedure

(1) Sections 44 and 45 (1), (2) and (4) to (7) apply accordingly to the transport procedure. Transport is to be authorised where a warrant of arrest pending transport has been issued.

(2) A decision on a request for transport is, as a general rule, to be given within one week following receipt of the request.


Section 84n Transport by air

(1) Sections 84l and 84m also apply to transport by air in the course of which an unscheduled stopover is necessary within the area of application of this Act.

(2) In the event of an unscheduled stopover, the public prosecution office and police officers are authorised to make a provisional arrest to secure the transport.

(3) Section 47 (3), (4), (6) sentence 1 and (7) applies accordingly. Section 47 (5) applies accordingly to the warrant of arrest pending transport, with the proviso that it may already be issued before receipt of the documentation referred to in section 84l (2). Transport is to be authorised if the higher regional court has upheld the warrant of arrest pending transport.

Rome Statute

Article 89 Surrender of persons to the Court

3.

(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.