Contents of request for arrest and surrender - national law requirements

Federal Republic of Germany

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

Section 10 Extradition documentation

(1) Extradition is only permissible if an arrest warrant, a document with corresponding legal effect or an enforceable judgment ordering deprivation of liberty issued by a competent agency in the requesting state and a description of the applicable statutory provisions have been submitted in respect of the offence. Where a request is made for extradition for the prosecution of several offences, it is sufficient, in respect of the further offences, to submit the document issued by the competent agency in the requesting state which clearly indicates the offence of which the person pursued is accused in lieu of an arrest warrant or a document with corresponding legal effect.

(2) Where the particular circumstances of a case give cause to examine whether there appears to be sufficient suspicion that the person pursued committed the offence of which he or she is accused, then extradition is, further, only permissible where a description of the facts setting out the sufficient grounds to suspect that said person committed the offence has been submitted.

Rome Statute

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.