Section 43 Permissibility of transit

(1) The transit of a foreign national who is being prosecuted for or has been convicted of an offence in a foreign state which is punishable in that state may, upon request by a competent agency in that foreign state, be effected through the area of application of this Act for the prosecution or enforcement of the penalty or other sanction imposed for the offence.

(2) The transit of a foreign national who has been convicted of an offence in a foreign state which is punishable in that state may, upon request by a competent agency in another foreign state, be effected through the area of application of this Act for the enforcement of a penalty or other sanction imposed for the offence.

(3) Such transit is only permissible if
1. the offence giving rise to the request is punishable, under German law, by imprisonment or would be punishable by imprisonment in the case of analogous conversion of the facts and
2. the documentation relating to the offence giving rise to the request designated in
a) section 10 (1) sentence 1 in the case under subsection (1) or
b) section 10 (3) nos. 1 to 3 in the case under subsection (2)
has been submitted.

Where a request is made for transit for several offences, it is sufficient for the conditions of sentence 1 to be met for at least one of the offences giving rise to the request.

(4) Sections 6 to 8 apply accordingly to such transit.


Section 45 Transit procedure

(1) If it appears that the transit is permissible, the person pursued is kept under arrest to secure the transit.

(2) Such arrest is ordered by way of written arrest warrant (warrant of arrest pending transit) issued by the higher regional court. Sections 17 (2) and 30 (1) apply accordingly.

(3) Such transit may only be authorised if a warrant of arrest pending transit has been issued.

(4) The warrant of arrest pending transit must be disclosed to the person pursued without delay after that person’s arrival in the area of application of this Act. The person pursued is given a copy.

(5) If it is likely that the transit cannot be completed by the end of the day following the day of his or her transfer, the person pursued is to be brought before the judge at the nearest local court without delay, but no later than the day after he or she arrives in the area of application of this Act. The judge at the local court hears persons pursued about their personal circumstances, in particular nationality. The judge must draw 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 the warrant of arrest pending transit or to the permissibility of the transit. If a person pursued raises objections which are not manifestly unfounded or if the judge at the local court has doubts about continuing that person’s detention or about the permissibility of the transit, then the judge without delay and by expeditious means notifies the public prosecution office at the higher regional court thereof. The public prosecution office is then responsible for ensuring that the higher regional court gives a decision without delay.

(6) Sections 24 and 27, section 33 (1), (2) and (4), and section 42 apply accordingly, as does section 26 (1), with the proviso that instead of a time limit of two months a time limit of one month applies. Section 40 applies accordingly, with the proviso that mandatory assistance of legal counsel is only required if the conditions of section 40 (3) are met.

(7) Any property taken on during transit may be surrendered without a special request at the same time as the person pursued’s transfer.

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.