Chapter II
European Arrest Warrant and Surrender Procedures between Member States

Part Two
Execution of a European Arrest Warrant

Decisions by Third Countries or International Courts
§ 11. (1) Surrender on the basis of a European arrest warrant for enforcement of a custodial sentence imposed in absentia or for the enforcement of a preventive measure involving deprivation of liberty imposed in absentia shall only be admitted if it emanates from the certificate states that the person concerned, in accordance with the rules of procedure of the issuing State

1. was in fact informed in due time by personal summons or in any other way of the time and place of the trial leading to the decision and was also informed that a decision can be taken in absentia,
2. aware of the time and place of the trial entrusted a selected lawyer or a lawyer appointed by the court with his or her representation in the trial and was in fact represented by this lawyer during the trial,
3. after having been served the decision taken in absentia and having been instructed about the right to request a review of the judgment or to appeal against the decision and thus achieve a second evaluation of the facts also taking into account new evidence in his or her presence, and a suspension of the decision, and having been informed about the time limits for this,
a) explicitly declares not to request a review of the judgment or to appeal against the decision, or
b) within the existing time limits does not request a review of the judgment or appeal against the decision, or
4. has not been personally served the judgment but has personally been served the judgment immediately after his or her surrender and on this occasion has explicitly been instructed about his or her right to request a review of the judgment or to appeal against the decision and thus achieve a new evaluation of the facts also taking into consideration new evidence in his or her presence and a suspension of the decision, and about the time limits for this.