Section 85e
Domestic enforcement proceedings

(1) The sentenced person is, as a general rule, to be transferred to the other Member State within 30 days following that Member State’s decision to take on enforcement of the sanction involving deprivation of liberty.

(2) The German enforcing authority dispenses with enforcement if the other Member State has taken on and carried out the enforcement. It may resume enforcement as soon as the other Member State has given notification that the sentenced person has escaped from prison.

(3) If the other Member State requests consent to prosecute another offence or permission to enforce a penalty or other sanction for another offence, then that agency is competent to give the decision on consent which would be competent to authorise extradition. Consent is given if extradition in accordance with section 79 (1) would have to be authorised for the other offence. Section 78 (1) and sections 79 (2) to 83b apply accordingly. In lieu of the documentation referred to in section 83a (1), a certificate issued by the competent agency in the other Member State containing the particulars referred to in section 83a (1) suffices for consent to be given. A decision on consent is, as a general rule, to be given within 30 days after the enforcing authority receives the documentation containing the particulars referred to in section 83a (1).

Section 90d Documentation

(1) Enforcement of a foreign judgment and supervision of the probation measures or alternative sanctions imposed in that judgment under the provisions of the Framework Decision on Supervision of Probation are only permissible if the other Member State has transmitted the original or a certified copy of the judgment and, where applicable, of the probation decision together with a fully completed certificate which corresponds to the form in Annex I of the Framework Decision on Supervision of Probation, as amended.

(2) Where the certificate referred to in subsection (1) is submitted but is incomplete, the competent authority may dispense with requiring submission of a completed certificate if the required particulars can be drawn from the judgment to be enforced or from other accompanying documentation.

Division 9a
Further measures to secure criminal prosecution and enforcement of sentence

Section 131
Alert for arrest

(1) The judge or the public prosecution office and, in exigent circumstances, its investigators (section 152 of the Courts Constitution Act) may issue an alert for arrest on the basis of a warrant for arrest or an order for placement.

(2) If the conditions are met for a warrant of arrest or an order for placement the issuance of which cannot be awaited without endangering the success of the investigations, the public prosecution office and its investigators (section 152 of the Courts Constitution Act) may order measures under subsection (1) if this is necessary for a provisional arrest. The decision on the issuance of a warrant of arrest or an order for placement is to be obtained without delay and at the latest within one week.

(3) In the case of an offence of substantial significance, the judge and the public prosecution office may, in the cases under subsections (1) and (2), also order public searches if other means of determining the accused’s whereabouts would offer much less prospect of success or would be much more difficult. In exigent circumstances and if the judge or the public prosecution office cannot be reached in time, the public prosecution office’s investigators (section 152 of the Courts Constitution Act) are also entitled to exercise this power, subject to the same conditions. In the cases under sentence 2, the decision of the public prosecution office must be obtained without delay. The order becomes ineffective if it is not confirmed within 24 hours.

(4) The accused is to be named and, where necessary, described as accurately as possible; an image may be attached. The offence of which the accused is suspected, the place and time of its commission, and circumstances which may be relevant for the accused’s apprehension may be indicated.

(5) Sections 115 and 115a apply accordingly.


Section 131a
Alert to determine whereabouts

(1) An alert may be issued requiring the determination of the whereabouts of an accused or of a witness if his or her whereabouts are not known.

(2) Subsection (1) also applies to alerts referring to the accused insofar as they are necessary to secure a driving licence, to carry out identification measures, to conduct a DNA analysis or to establish the accused’s identity.

(3) A public search may also be ordered in the case of an offence of substantial significance on the basis of an alert requiring determination of the whereabouts of an accused or of a witness if the accused is strongly suspected of having committed the offence and where other means of determining his or her whereabouts would offer much less prospect of success or would be much more difficult.

(4) Section 131 (4) applies accordingly. When determining the whereabouts of a witness it is to be made clear that the person sought is not the accused. No public search is carried out if overriding interests of the witness meriting protection present an obstacle thereto. Images of the witness may be used only if other means of determining his or her whereabouts would offer no prospect of success or would be much more difficult.

(5) The alerts referred to in subsections (1) and (2) may be issued in all search instruments used by the prosecuting authorities.


Section 131b
Publication of images of accused or witness

(1) The publication of images of an accused who is suspected of having committed an offence of substantial significance is also admissible if investigating an offence, in particular establishing the identity of an unknown offender, by other means would offer much less prospect of success or would be much more difficult.

(2) The publication of images of a witness and references to the criminal proceedings underlying such publication are also admissible if investigating an offence of substantial significance, in particular establishing the identity of the witness, by other means would offer no prospect of success or would be much more difficult. The publication must make it clear that the person in the image is not an accused person.

(3) Section 131 (4) sentence 1 half-sentence 1 and sentence 2 applies accordingly.


Section 131c
Order for and confirmation of searches

(1) Searches pursuant to section 131a (3) and section 131b may be ordered only by the judge and, in exigent circumstances, also by the public prosecution office and its investigators (section 152 of the Courts Constitution Act). Searches pursuant to section 131a (1) and (2) must be ordered by the public prosecution office; in exigent circumstances, they may also be ordered by its investigators (section 152 of the Courts Constitution Act).

(2) In cases of continuous publication in electronic media and in cases of repeated publication on television and in periodically printed matter, the order made by the public prosecution office and its investigators (section 152 of the Courts Constitution Act) pursuant to subsection (1) sentence 1 becomes ineffective if it is not confirmed by a judge within one week. In all other cases, search orders made by the public prosecution office’s investigators (section 152 of the Courts Constitution Act) become ineffective if they are not confirmed by the public prosecution office within one week.


Section 132
Provision of security; authorised recipient

(1) If an accused who is strongly suspected of having committed an offence has no permanent residence or residence within the territorial scope of this statute and the conditions for a warrant of arrest are not met, an order may be made so as to ensure that criminal proceedings are conducted to the effect that the accused

1. provide adequate security for the anticipated fine and the costs of the proceedings and
2. authorise a person residing within the district of the competent court to accept service.

Section 116a (1) applies accordingly.

(2) This order may be made only by the judge and, in exigent circumstances, also by the public prosecution office and its investigators (section 152 of the Courts Constitution Act).

(3) If the accused fails to comply with the order, means of transportation and other objects which the accused is carrying and which belong to him or her may be seized. Sections 94 and 98 apply accordingly.

Section 132a
Order for and revocation of provisional disqualification from exercising profession

(1) If there are cogent reasons to believe that disqualification from exercising a profession will be ordered (section 70 of the Criminal Code), the judge may make an order provisionally prohibiting the accused from exercising his or her profession, branch of profession, trade or branch of trade. Section 70 (3) of the Criminal Code applies accordingly.

(2) The provisional disqualification from exercising a profession is to be revoked if the reason therefor no longer exists or if the court does not order disqualification from exercising a profession in the judgment.