Section 28 Hearing of person pursued

(1) Following receipt of a request for extradition, the public prosecution office at the higher regional court applies for the person pursued to be heard by that local court in whose district said person is located.

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 Such an application may not be withdrawn.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must first be instructed about the legal consequences of such an application and about the fact that it cannot be withdrawn.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.

IX. The Judiciary

Article 104
[Deprivation of liberty]
(1) Liberty of the person may be restricted only pursuant to a formal law and only in compliance with the procedures prescribed therein. Persons in custody may not be subjected to mental or physical mistreatment.

Section 112
Conditions for remand detention; grounds for arrest

(1) Remand detention may be ordered against an accused person if he or she is strongly suspected of having committed the offence and there is a ground for arrest. It may not be ordered if it is disproportionate to the significance of the case or to the penalty or measure of reform and prevention likely to be imposed.

(2) A ground for arrest exists if, on the basis of certain facts,

1. it is established that the accused is at large or in hiding,
2. considering the circumstances of the individual case, there is a risk that the accused will evade the criminal proceedings (risk of flight) or
3. the accused’s conduct gives rise to the strong suspicion that he or she will

a) destroy, alter, remove, suppress or falsify evidence or
b) improperly influence the co-accused, witnesses or experts or
c) cause others to do so

and if, therefore, the danger exists that establishment of the truth will be made more difficult (risk of the suppression of evidence).

(3) Remand detention may also be ordered against an accused who is strongly suspected pursuant to section 308 (1) to (3) of the Criminal Code of having committed an offence under section 6 (1) no. 1 or section 13 (1) of the Code of Crimes against International Law or section 129a (1) or (2), also in conjunction with section 129b (1), or under section 176c, 176d, 211, 212, 226, 306b or 306c of the Criminal Code or insofar as the life or limb of another has been endangered by the offence, even if there are no grounds for arrest pursuant to subsection (2).

Section 115
Appearance before competent judge

(1) If the accused is apprehended on the basis of a warrant of arrest, he or she is to be brought before the competent court without delay.

(2) The court is required to examine the accused concerning the subject of the accusation without delay following his or her arrest and no later than on the following day.

Section 121
Continuation of remand detention beyond six months

(1) As long as a judgment has not been given imposing a sentence of imprisonment or a measure of reform and prevention involving deprivation of liberty, then remand detention for one and the same offence exceeding a period of six months may be enforced only if the particular difficulty or the unusual extent of the investigations or some other important reason do not yet admit pronouncement of judgment and justify continuation of remand detention.

Section 135
Immediate examination

The accused is to be brought before the judge without delay and examined by the judge. The accused may not be kept in custody by virtue of the order for longer than the end of that day which follows the day on which he or she was first brought before the court.

Section 136a
Prohibited examination methods; prohibited evidence

(1) The accused’s freedom to form and express a will may not be impaired by ill-treatment, induced fatigue, physical intervention on the body, the administration of drugs, torture, by means of deception or hypnosis. Compulsion may be used only insofar as this is permitted by criminal procedure law. Threatening the accused with measures not permitted under the provisions of criminal procedure law and holding out the prospect of an advantage not envisaged by statute are prohibited.