Part 2 Extradition abroad

Section 2 Principle
(1) A foreign national who is being prosecuted in a foreign state for an offence or who has been convicted of an offence which is punishable there may be extradited to that foreign state upon the request of a competent agency for prosecution or for enforcement of a penalty or other sanction imposed for that offence.

(2) A foreign national who has been convicted in a foreign state of an offence which is punishable there may be extradited to another foreign state which has taken on the enforcement upon the request of a competent agency in that foreign state for enforcement of a penalty or other sanction imposed for that offence.

(3) For the purposes of this Act, ʻforeign nationalsʼ means persons who are not Germans as defined in Article 116 (1) of the Basic Law (Grundgesetz).


Section 3
Extradition for prosecution or for enforcement
(1) Extradition is only permissible if the offence is also an unlawful act under German law which fulfils the elements of a criminal provision or if it would also constitute such an act under German law in the case of analogous conversion of the facts.

(2) Extradition for the purpose of prosecution is only permissible if the offence is punishable under German law with a maximum sentence of imprisonment of at least one year or if it would be punishable under German law by imposition of such a penalty in the case of analogous conversion of the facts.

(3) Extradition for the purpose of enforcement is only permissible if extradition for the purpose of prosecution would be permissible for the offence and if a sanction involving deprivation of liberty is to be enforced. It is, further, only permissible if it is to be expected that the remainder of the sanction involving deprivation of liberty still to be enforced or the sum of the sanctions involving deprivation of liberty still to be enforced amounts to no less than four months.


Section 4 Accessory extradition
If extradition is permissible, then it is also permissible for a further offence where
1. the conditions of section 3 (2) or (3) are not met for that offence or
2. the conditions of section 2 or of section 3 (1) are not met for that offence on account of the further offence only being punishable by a sanction under the terms of section 1 (2).


Section 5 Reciprocity
Extradition is only permissible where assurances given by the requesting state lead to the expectation that the request would correspond to a comparable German request.


Section 6
Political offences, political persecution
(1) Extradition is not permissible for a political offence or for an act committed in connection with such an offence. It is permissible if the person pursued is being prosecuted for or has been convicted of completed or attempted genocide, murder under specific aggravating circumstances (Mord) or murder (Totschlag) or participating in such an offence.

(2) Extradition is not permissible if there are substantial grounds for believing that, in the event of being extradited, the person pursued would be prosecuted or punished by reason of his or her race, religion, nationality, political views or belonging to a specific social group, or if that person’s situation would be made more difficult for one of those reasons.


Section 7 Military offences
Extradition is not permissible for an offence which only constitutes a breach of military duties.


Section 8 Death penalty
If the offence is punishable under the law of the requesting state by the death penalty, then extradition is only permissible if the requesting state gives an assurance that the death penalty will not be imposed or will not be enforced.


Section 9 Concurrent jurisdiction
Where German jurisdiction is also established for an offence, extradition is not permissible if

1. a court or an authority within the area of application of this Act has delivered a judgment or given a decision with corresponding legal effect against the person pursued for the offence, has refused to open main proceedings (section 204 of the Code of Criminal Procedure (Strafprozeßordnung)), has not granted an application to prefer public charges (section 174 of the Code of Criminal Procedure), has terminated proceedings following the fulfilment of conditions and directions (section 153a of the Code of Criminal Procedure), or has dispensed with prosecution or terminated proceedings under juvenile criminal law (sections 45 and 47 of the Youth Courts Act (Jugendgerichtsgesetz)) or

2. prosecution or enforcement is statute-barred under German law or is ruled out under German immunity law.


Section 9a
Extradition and proceedings before international criminal courts
(1) Extradition is not permissible where an international criminal court established by an instrument which is legally binding on the Federal Republic of Germany has delivered a final criminal judgment against the person pursued for the offence or has given a decision with corresponding legal effect, or it has finally terminated criminal proceedings, and, under the instrument of constitution, prosecution by another body is prohibited in that case. If the court referred to in sentence 1 conducts criminal proceedings for the offence and it has not yet issued its decision at the time of receipt of the request for extradition, then the decision on whether extradition is permissible is deferred. Temporary extradition (section 37) is not possible.

(2) If both a foreign state and a court as referred to in subsection (1) sentence 1 request that the person pursued be surrendered for the purpose of criminal prosecution or enforcement of a penalty (concurrent requests) and the instrument of constitution of the court or the legislation enacted in its implementation make provision on the procedure to be followed in the case of several requests being made, then the requests are executed in accordance with those provisions. If neither the instrument of constitution nor the legislation enacted in its implementation make provision on the procedure to be followed in the case of concurrent requests but the instrument of constitution gives precedence to proceedings before the international criminal court over proceedings in the foreign state, then precedence is given to the request submitted by the international criminal court.


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.

(3) Extradition for enforcement of a penalty or other sanction which was imposed in a third state is only permissible where the following have been submitted:

1. the enforceable judgment ordering deprivation of liberty and a document issued by the third state indicating that it consents to enforcement by the state which has taken on enforcement,
2. a document issued by a competent agency in the state which has taken on enforcement indicating that the penalty or other sanction is enforceable there,
3. a description of the applicable statutory provisions and
4. a description, in the case under subsection (2), within the meaning of this provision.


Section 11 Speciality
(1)  Extradition is only permissible where it is guaranteed that the person pursued

1. will not be punished in the requesting state without Germany’s consent, nor subjected to a restriction of personal liberty nor prosecuted by measures which cannot also be taken in his or her absence on any grounds arising prior to the transfer, with the exception of the offence giving rise to the authorisation of extradition,
2. will not be re-extradited, transferred or deported to a third state without Germany’s consent and
3. may leave the requesting state following final conclusion of the proceedings giving rise to the authorisation of that person’s extradition.

(2)  The requesting state may only be released from the obligation to abide by the principle of speciality if

1. Germany has consented to prosecution or to enforcement of a penalty or other sanction relating to a further offence (section 35), or to re-extradition, transfer or deportation to another foreign state (section 36),
2. the person pursued had the right and the opportunity to leave the requesting state but did not do so within one month after final conclusion of the proceedings giving rise to the authorisation of his or her extradition, or
3. the person pursued returned to the requesting state after leaving or was transferred back there by a third state. The right of the requesting state to hear the person pursued in the course of preparing a request under section 35 remains unaffected.

(3)  Conditional release without an order restricting the person pursued’s freedom of movement is equal to final conclusion of the proceedings pursuant to subsection (1) no. 3 or subsection (2) sentence 1 no. 2.


Section 12 Authorisation of extradition
Except in the case referred to in section 41, extradition may only be authorised if the court has declared it permissible.


Section 13 Subject-matter jurisdiction
(1) It is for a higher regional court to give the relevant court decisions, subject to sections 21, 22 and 39 (2). There is no right of appeal against such decisions by a higher regional court.

(2) The public prosecution office at the higher regional court prepares decisions on extradition and effects extradition once it has been authorised.


Section 14 Local jurisdiction
(1) Local jurisdiction lies with the higher regional court and the public prosecution office at the higher regional court in whose district the person pursued is apprehended for the purpose of extradition or, if he or she is not apprehended, was first determined to be in.

(2) If several persons pursued who are to be extradited for participating in the same offence or for aiding after the fact, obstruction of prosecution or of punishment, or for handling stolen goods in connection with it are apprehended for the purpose of extradition or are found to be in the districts of different higher regional courts, then jurisdiction lies with that higher regional court or, if no higher regional court is yet seised of the case, with that public prosecution office at the higher regional court which was first seised of the case.

(3) If the person pursued’s whereabouts are not known, the Federal Court of Justice determines which higher regional court has jurisdiction.


Section 15
Arrest pending extradition
(1) After receipt of a request for extradition, arrest pending extradition may be ordered against the person pursued if

1. there is a danger that the person pursued will evade the extradition proceedings or extradition itself or
2. there is strong reason to believe, based on certain facts, that the person pursued will render more difficult the establishment of the truth in proceedings in the foreign state or in the extradition procedure.

(2) Subsection (1) does not apply if it appears, from the outset, that extradition is not permissible.


Section 16
Provisional arrest pending extradition
(1) Arrest pending extradition may be ordered under the conditions of section 15 even before receipt of the request for extradition if

1. the competent agency in the requesting state makes a request to that effect or
2. there is strong reason to believe, based on certain facts, that a foreign national has committed an offence which may provide grounds for extradition.

(2) The warrant of arrest pending extradition is to be lifted if the person pursued has spent a total of two months under arrest pending extradition, calculated from the day of apprehension or provisional arrest, without the request for extradition and the extradition documentation having been received by the authority designated in section 74 or by another agency competent to take receipt of them. Where a non-European state has requested the making of an order for provisional arrest pending extradition, the time limit is three months.

(3) Following receipt of the request for extradition and extradition documentation, the higher regional court gives a decision without delay as to whether detention is to continue.


Section 17
Warrant of arrest pending extradition
(1) Provisional arrest pending extradition and arrest pending extradition are ordered by way of written arrest warrant (warrant of arrest pending extradition) issued by the higher regional court.

(2) The warrant of arrest pending extradition must indicate the following:
1. the name of the person pursued,
2. the state to which, in the light of the circumstances of the case, extradition is considered as a possibility,
3. the offence of which the person pursued is being accused,
4. the request or, in the case under section 16 (1) no. 2, the facts which indicate that there is strong reason to believe that the person pursued committed the offence giving cause for that person’s extradition and
5. the reason for arrest and the facts on which it is based.


Section 18 Investigative measures
Where a request for extradition has been received and the person pursued’s whereabouts are not known, the measures required to ascertain the person pursued’s whereabouts and to arrest him or her may be taken. No separate request is required for the ordering of individual investigative measures. It is for the public prosecution office at the higher regional court to issue an alert for arrest. The provisions of Division 9a of the Code of Criminal Procedure apply accordingly.


Section 19 Provisional arrest
Where the conditions for the issuing of a warrant of arrest pending extradition are met, the public prosecution office and police officers are authorised to make a provisional arrest. Under the conditions of section 127 (1) sentence 1 of the Code of Criminal Procedure, any person is authorised to make a provisional arrest.


Section 20 Disclosure
(1) Upon their arrest, persons pursued are to be informed of the reason for their arrest.

(2) Where a warrant of arrest pending extradition has been issued, it must be disclosed to the person pursued without delay. The person pursued is given a copy.


Section 21
Procedure following apprehension based on warrant of arrest pending extradition
(1) Upon their apprehension on the basis of a warrant of arrest pending extradition, persons pursued are to be brought before a judge at the nearest local court without delay, but no later than the day following their apprehension.

(2) The judge at the local court hears persons pursued about their personal circumstances, in particular nationality, without delay after they are brought before the court, but no later than the following day. The judge draws their attention to the right to avail themselves of the services of legal counsel (section 40) at any stage of the proceedings and to the fact that they are free to either make a statement or not make a statement regarding the offence of which they are accused. The judge then asks whether and, if so, for what reasons they wish to object to extradition, to the warrant of arrest pending extradition or to its enforcement. In the case under section 16 (1) no. 2, the hearing also encompasses the subject matter of the accusation; in all other cases, any information which persons pursued volunteer is to be placed on record.

(3) If it transpires in the course of the hearing that
1. the person apprehended is not the person designated in the warrant of arrest pending extradition,
2. the warrant of arrest pending extradition has been lifted or
3. enforcement of the warrant of arrest pending extradition has been suspended,
then the judge at the local court orders the apprehended person’s release.

(4) Where the warrant of arrest pending extradition has been lifted or its enforcement has been suspended, the judge at the local court orders that the person pursued be detained until the higher regional court gives its decision if

1. the conditions for the issuing of a new warrant of arrest pending extradition for the offence are met or
2. there are grounds for ordering enforcement of the warrant of arrest pending extradition.

The public prosecution office at the higher regional court is responsible for ensuring that the higher regional court gives such a decision without delay.

(5) If the person pursued raises other objections to the warrant of arrest pending extradition or to its enforcement which are not manifestly unfounded, or if the judge at the local court has doubts in respect of continuing detention, then the judge without delay and by expeditious means notifies the public prosecution office at the higher regional court of that fact. The public prosecution office at the higher regional court is responsible for ensuring that the higher regional court gives such a decision without delay.

(6) If the person pursued does not raise any objections to extradition, then the judge at the local court instructs said person about the possibility of a simplified extradition procedure and about its legal consequences (section 41) and then records their statement.

(7) There is no right of appeal against the decision given by the judge at the local court. The public prosecution office at the higher regional court may order the person pursued’s release.

Part 8
Extradition and transit matters with Member States of European Union

Division 1 General provisions

Section 78 Precedence of Part 8

(1) In the absence of special provision made under this Part, the remaining provisions of this Act apply to extradition and transit matters with the Member States of the European Union.

(2) This Part 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 79
Obligation to authorise extradition or transit; preliminary ruling

(1) Permissible requests for extradition or transit made by a Member State may only be refused where provided for under this Part. Reasons must be given for a decision not to authorise the extradition or transit.

(2) Before the higher regional court gives its decision on permissibility, the agency responsible for authorisation gives a decision as to whether it plans to assert any of the obstacles to authorisation set out in section 83b. Reasons must be given for the decision not to assert any obstacles to authorisation. The decision is subject to review by the higher regional court as per the procedure under section 29; the parties are to be heard. When giving instruction as required by section 41 (4), the person pursued is also to be informed that in the event of a simplified extradition procedure being conducted, no court review as set out in sentence 3 is undertaken.

(3) Where circumstances suited to asserting obstacles to authorisation which arise or become known following the decision referred to in subsection (2) sentence 1 do not lead to authorisation being refused, the decision not to assert any obstacles to authorisation is subject to review as per the procedure under section 33.


Division 2
Extradition to Member State of European Union

Section 80 Extradition of German nationals

(1) Extradition of a German national for the purpose of criminal prosecution is only permissible where
1. it is guaranteed that the requesting Member State, after imposing a final sentence of imprisonment or other sanction, will offer to return the person pursued on that person’s request for the purpose of enforcement within the area of application of this Act and
2. the offence has a substantial link to the requesting Member State.

An offence generally has a substantial link to the requesting Member State if the entire offence or essential parts of the offence were committed in that Member State’s sovereign territory and at least essential parts of the result occurred there, or if the offence is a serious crime with a typical cross-border dimension which was committed at least in part in that Member State’s sovereign territory.

(2) If the conditions of subsection (1) sentence 1 no. 2 are not met, extradition of a German national for the purpose of criminal prosecution is only permissible if
1. the conditions of subsection (1) sentence 1 no. 1 are met and
2. the offence has a substantial link to Germany and
3. the offence is also an unlawful act under German law which fulfils the elements of a criminal provision or would also be such an act under German law in the case of analogous conversion of the facts, and, after weighing up the various concrete, contradictory interests, the person pursued’s legitimate expectation in not being extradited does not prevail.

An offence generally has a substantial link to Germany if the entire offence or essential parts of the offence were committed within the area of application of this Act and at least essential parts of the result occurred there. When considering the various interests, the criminal charge, the practical requirements and possibilities in respect of effective criminal prosecution, and the person pursued’s constitutionally protected interests are specifically to be weighed up and set in proper relation to one another, giving due consideration to the goals associated with the creation of a European judicial area. Where a public prosecution office or a court has given a decision to terminate or not to institute criminal proceedings in Germany for the offence which is the subject matter of the request for extradition, this decision and its reasoning are to be included when considering the various interests; the same applies accordingly where a court has opened main proceedings or has issued a summary penalty order.

(3) Extradition of a German national for the purpose of enforcement of a penalty is only permissible if the person pursued consents, following instruction, and that consent is declared before and placed on record by a judge. Section 41 (3) and (4) applies accordingly.

(4) (repealed)


Section 81
Extradition for prosecution or for enforcement

Section 3 applies, with the provisos that
1. extradition for prosecution is only permissible if, under the law of the requesting Member State, the offence is punishable by a sentence of imprisonment or another sanction of a maximum of at least 12 months,
2. extradition for enforcement is only permissible if, under the law of the requesting Member State, a sanction involving deprivation of liberty of no less than four months is to be enforced,
3. extradition in tax, customs and currency exchange matters is also permissible even if German law does not impose the same kind of taxes or does not contain the same kind of provisions on taxes, customs duties and currency exchange activities as the law of the requesting Member State,
4. no double criminality check is carried out if, under the law of the requesting state, the offence giving rise to the request is punishable by a sanction involving deprivation of liberty of a maximum of at least three years and belongs to one of the categories of offences listed in Article 2 (2) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1), as amended by Framework Decision 2009/299/JHA (OJ L 81, 7.3.2009, p. 24) (European Arrest Warrant Framework Decision).


Section 82 Nonapplicability of specific provisions

Sections 5, 6 (1) and 7 and, where a European Arrest Warrant has been submitted, section 11, do not apply.


Section 83
Additional conditions governing permissibility

(1)  Extradition is not permissible if
1. final judgment has already been passed upon the person pursued in another Member State for the same offence which gave rise to the request, provided that, in the event of conviction, the sanction has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state,
2. the person pursued lacked criminal responsibility under section 19 of the Criminal Code at the time of the offence or
3. in the case of a request for the purpose of enforcement the sentenced person did not appear in person at the hearing which led to the judgment or
4. the offence giving rise to the request is punishable, under the law of the requesting Member State, by imprisonment for life or another sanction involving deprivation of liberty for life, or the person pursued has had such a sentence imposed and a review of enforcement of the sentence or sanction imposed is conducted, upon application or ex officio, before no more than 20 years have elapsed.

(2)  However, in derogation from subsection (1) no. 3, extradition is permissible if

1. the sentenced person
a) in due time
aa) was summoned in person to the hearing which led to the judgment or
bb) actually received official information by other means of the scheduled date and place of the hearing which led to the judgment in such a manner that it was unequivocally established that the sentenced person was aware of the scheduled hearing and

b) was informed that judgment may also be delivered in absentia,

2. the sentenced person, being aware of the proceedings against him or her in which defence counsel participated, prevented a personal summons by absconding or

3. the sentenced person, being aware of the scheduled hearing, mandated legal counsel to defend him or her at the hearing and was indeed defended by legal counsel at the hearing.

(3)  In derogation from subsection (1) no. 3, extradition is also permissible if the sentenced person has, following service of the judgment,
1. expressly stated that he or she does not contest the judgment delivered or
2. not requested a retrial or filed an appeal on points of fact and law (Berufung) within the applicable time limits.

Sentenced persons must first be expressly instructed about their right to a retrial or to an appeal on points of fact and law in which they have a right to participate and in which the merits of the case, including fresh evidence, may be re-examined and which may lead to the original judgment being quashed.

(4) In derogation from subsection (1) no. 3, extradition is, further, permissible if, following their surrender to the requesting Member State, the judgment will be served personally on the sentenced person without delay and that person will be instructed about the right, as set out in subsection (3) sentence 2, to request a retrial or to file an appeal on points of fact and law, as well as of the applicable time limits.


Section 83a Extradition documentation

(1) Extradition is only permissible if the documentation referred to in section 10 or a European Arrest Warrant has been transmitted which contains the following information:
1. the identity of the person pursued as specified in the Annex to the European Arrest Warrant Framework Decision and that person’s nationality,
2. the name and address of the issuing judicial authority,
3. whether an enforceable judgment, arrest warrant or another enforceable judicial decision with the same legal effect has been received,
4. the nature and legal assessment of the criminal offence, including the statutory provisions,
5. a description of the circumstances of the commission of the criminal offence, including the time and place of commission and the person sought’s involvement in the offence and
6. the maximum penalty provided for by law for the criminal offence concerned in the issuing Member State or, in the event of a final judgment having been given, the penalty imposed.

(2) The issuing of an alert for arrest for the purpose of transfer or extradition under Council Decision 2007/533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 205, 7.8.2007, p. 63) which contains the particulars designated in subsection (1) nos. 1 to 6 or to which these particulars were subsequently added is deemed to be a European Arrest Warrant.


Section 83b Obstacles to authorisation

(1)  Authorisation of extradition may be refused if
1. criminal proceedings are being conducted within the area of application of this Act against the person pursued for the same offence which gave rise to the request for extradition,
2. the institution of criminal proceedings for the same offence which gave rise to the request for extradition was refused or previously instituted criminal proceedings were terminated,
3. precedence is to be given to a request for extradition made by a third state,
4. it is not to be expected, based on an obligation to extradite a person under the European Arrest Warrant Framework Decision, an assurance given by the requesting state or for other reasons, that it would correspond to a comparable request made by a German authority.

(2)  Authorisation of the extradition of a foreign national who is habitually resident in Germany may, further, be refused if,
1. in the case of extradition for the purpose of prosecution, the extradition of a German national would not be permissible pursuant to section 80 (1) and (2),
2. in the case of extradition for the purpose of enforcement of a penalty, the foreign national, following instruction, does not consent to extradition, such non-consent being declared before and placed on record by a judge, and that person’s legitimate interests in enforcement in Germany prevail; section 41 (3) and (4) applies accordingly.


Section 83c Procedure and time limits

(1) A decision on extradition is, as a general rule, to be given no later than 60 days following the person pursued’s arrest.

(2) Persons pursued are to be informed without delay about their right to nominate legal counsel in the requesting Member State.

(3) Where a person pursued consents to the simplified extradition procedure, a decision on extradition is, as a general rule, to be given no later than 10 days after that consent is given.

(4) Once extradition has been authorised, a date on which the person pursued is to be surrendered is to be arranged with the requesting Member State. The date arranged for the surrender should be no later than 10 days after the decision to authorise extradition. If it is impossible to keep the date owing to circumstances which are beyond the control of the involved states, a new date is to be arranged so that the surrender can be made within the next 10 days. The arranging of a date for the surrender may be postponed on account of ongoing criminal proceedings or enforcement of a criminal sanction against the person pursued within the area of application of this Act or on compelling humanitarian grounds.

(5) Where extraordinary circumstances arise and mean that the time limits set out in this provision cannot be complied with, the Federal Government informs Eurojust of this fact and of the reasons for the delay; no personal data may be transmitted.

(6) A decision on a request to extend the authorisation of extradition is, as a general rule, to be given within 30 days following receipt of the request.


Section 83d Release of person pursued

If the person pursued has not been transferred within 10 days following expiry of the date arranged for the surrender in accordance with section 83c (4), then that person is to be released from arrest pending extradition if no new date for the surrender has been arranged.


Section 83e Hearing of person pursued

(1) As long as no decision has been given on extradition, a request by the requesting Member State for the person pursued to be heard as an accused is to be authorised.

(2) Upon request, representatives of the requesting Member State are to be permitted to be present during such a hearing.


Division 3
Transit to Member State of European Union

Section 83f Transit

(1) Transit from one Member State through the area of application of this Act to another Member State is permissible if the transmitted documentation contains the following information:
1. the identity of the person pursued as specified in the Annex to the European Arrest Warrant Framework Decision and that person’s nationality,
2. the fact that a European Arrest Warrant or a document as designated in section 10 has been received, 3. the nature and legal assessment of the criminal offence and
4. the circumstances of the commission of the criminal offence, including the time and place of commission.

(2) Subsection (1) applies to transit from a third state to a Member State, with the proviso that notification that a request for extradition has been received takes the place of the information referred to in subsection (1) no. 2.

(3) The transit of German nationals for the purpose of prosecution is only permissible if the Member State to which they are to be extradited gives an assurance that they are to be returned at Germany’s request, after imposition of a final sentence of imprisonment or other sanction, for enforcement within the area of application of this Act. The transit of German nationals for the purpose of prosecution is only permissible if the person concerned consents thereto.

(4) A decision on transit is, as a general rule, to be given within 30 days following receipt of the request.


Section 83g Transport by air

Section 83f also applies to transport by air in the course of which an unscheduled stopover is made within the area of application this Act.


Division 4
Outgoing requests for extradition to Member State of European Union

Section 83h Speciality

(1)  Persons surrendered by a Member State on the basis of a European Arrest Warrant
1. may neither be prosecuted nor convicted nor subjected to a measure involving deprivation of liberty for an offence committed prior to their surrender other than that for which they were surrendered and
2. may not be re-extradited, transferred or deported to a third state.

(2)  Subsection (1) does not apply where
1. the person surrendered had the opportunity to leave the territorial scope of this Act but did not do so within 45 days after final discharge or returned there after leaving,
2. the criminal offence is not punishable by a sentence of imprisonment or measure of reform and prevention involving deprivation of liberty,
3. the criminal proceedings do not give rise to a measure restricting personal liberty,
4. the person surrendered has a penalty or measure of reform and prevention not involving deprivation of liberty enforced against him or her, even if that penalty or measure may give rise to a restriction of personal liberty or
5. the requested Member State or the person surrendered has waived such right.

(3)  Where the person surrendered waives such right after being surrendered, the waiver is to be declared before and placed on record by a judge or public prosecutor. The declaration of waiver may not be revoked. The person surrendered must be instructed about that fact.


Section 83i Notification of delays

The Federal Government notifies the Council of the European Union of any repeated delays on the part of another Member State in the effecting of extradition. Where, in an individual case, it is necessary in order to be able to establish the reasons for the time limits being exceeded, the person pursued’s pseudonymised data may be transmitted to the Council. The Federal Government may only re-personalise these data vis-à-vis the requested state and only where necessary for the purpose of an evaluation of implementation of the European Arrest Warrant Framework Decision.


Section 83j Legal counsel

(1) The mandatory assistance of legal counsel is required in proceedings to enforce a European Arrest Warrant for the purpose of prosecution if
1. the person pursued nominates legal counsel in the area of application of this Act to assist his or her legal counsel in the requested Member State and
2. the appointment of the additional legal counsel is necessary to guarantee the effective exercise of the person pursued’s rights in the requested state.

(2) Where the mandatory assistance of legal counsel is required pursuant to subsection (1) and the person pursued does not yet have legal counsel in the area of application of this Act to assist his or her legal counsel in the requested Member State, legal counsel is to be appointed upon application or ex officio.

(3) It is for the court which issued the domestic arrest warrant giving rise to the European Arrest Warrant to make the appointment. After preferment of public charges, the decision lies with the president of the court before which the proceedings are pending.

(4) The appointment is, as a general rule, to be revoked if the conditions of subsection (1) are no longer met or the person pursued has been transferred.

(5) The provisions of Book 1 Division 11 of the Code of Criminal Procedure, with the exception of sections 139, 140, 141, 141a, 142 (2) and (3), 143 (1) and (2) sentences 2 to 4, 143a (3) and 144 apply accordingly.

I. Basic Rights

Article 16
[Citizenship – Extradition]
(2) No German may be extradited to a foreign country. The law may provide otherwise for extraditions to a member state of the European Union or to an international court, provided that the rule of law is observed.

VII. Federal Legislation and Legislative Procedures

Article 73
[Matters under exclusive legislative power
of the Federation]
(1) The Federation shall have exclusive legislative power with
respect to:
freedom of movement, passports, residency registration and identity cards, immigration, emigration and extradition ;

Part 2 Surrender of Persons

§ 26 Request for Surrender After Previous Extradition

(1) If the extradition of a suspect to a foreign state has taken place and the Court requests approval for prosecution or execution of a sentence, approval shall be granted when:
1. it has been shown that the suspect had the opportunity to respond to the request and that the Higher Regional Court had decided that because of the criminal act the surrender would be permissible, or
2. it has been shown that the suspect has stated on the record of the proceedings of a judge of the Court or the state to which he was extradited, his agreement with prosecution or with execution of a sentence, and because of the criminal act the surrender would have been permissible. If the request is based upon the same criminal act, the Court shall be notified thereof.
(2) § 20 para. 1 applies to the proceeding, provided that, in place of the suspect’s acceptance of streamlined surrender, he agrees within the meaning of para. 1 sentence 1 number 2, as well as § 20 para. 2 and 3 sentences 2 and 3, § 21 para. 1, 2 sentence 2, para. 4, §§ 22, 23 para. 1 and 2 as applicable. The Higher Regional Court that was responsible in the extradition proceedings for a decision on the permissibility of the extradition is responsible for judicial decisions pursuant to para. 1 sentence 1 number 1.
(3) If the extradition has not yet occurred, approval of a request of the type set forth in para. 1 will be granted when, because of the criminal act, surrender to the Court would have been permissible. Para. 1 sentence 2 applies mutatis mutandis. §§ 19-23 apply to the proceedings mutatis mutandis.

Part 4 Mutual Assistance through the Execution of Decisions and Orders of the Court

§ 42 Escape and Speciality
(relating to Article 108, Article 111 of the Rome Statute)

(3) If a foreign state requests extradition, provisional extradition, deportation, or other transfer to its sovereign territory for criminal prosecution or execution of a sentence or other sanction, approval may be given when the Court, subject to the provisions of Article 108 para. 3 of the Rome Statute, has given prior approval and the extradition is permissible according to the extradition regulations applicable to the requesting state.

Part 7
General Provisions

§ 73
Limitation of Fundamental Rights
The fundamental right of physical integrity (Article 2 para. 2 sentence 1 of the Basic Law (Grundgesetz)), freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), privacy of correspondence, post, and telecommunications (Article 10 para. 1 of the Basic Law), inviolability of the home (Article 13 of the Basic Law), and the prohibition on extradition (Article 16 para. 2 sentence 1 of the Basic Law), are limited in accordance with this law.