Germany generally extradites to EU member states based on a European Arrest Warrant. Furthermore, extradition treaties exist with numerous countries worldwide, particularly due to multilateral agreements. Bilateral extradition treaties also exist with third countries such as the United States of America (USA). However, the decisive factor is always the individual assessment of each case.
Extradition may be inadmissible, for example, if basic minimum standards of the rule of law are not guaranteed in the requesting state or if the death penalty is a possibility. Extradition may also be refused in cases of political persecution or human rights violations in detention. A case-by-case examination is always required, taking into account the current political situation and the individual circumstances of the person concerned.
The European Arrest Warrant is a simplified extradition procedure between EU member states. It replaces the traditional extradition procedure and is based on the principle of mutual trust between judicial systems.
Yes. The admissibility of the extradition is reviewed by a Higher Regional Court. Objections to the extradition can be raised within this process.
If the Higher Regional Court's extradition decision violates fundamental rights, it must be examined whether a constitutional complaint can be filed. A violation of fundamental rights may occur, for example, if extradition poses a threat to the life and limb/physical integrity of the person concerned, or if a fair trial is not guaranteed in the state to which extradition is sought. In order to prevent extradition, an urgent application must also be filed with the Federal Constitutional Court.
A Red Notice is a request issued by Interpol for an international search and arrest warrant. This request is based on a request from an Interpol member state. A Red Notice is not a legally binding international arrest warrant and does not create an immediate obligation to arrest. However, in countries that have implemented it nationally, it can serve as grounds for a provisional arrest and the initiation of extradition proceedings.
The duration depends on the individual case. Proceedings within the EU are often faster than those involving third countries. Complex legal issues can prolong the process.
German citizens are generally not extradited to countries outside the EU. Within the EU, extradition of German citizens is possible under certain conditions.
As soon as you become aware of an investigation, whether domestic or foreign, you should seek legal counsel immediately. It is crucial to determine whether, in addition to a defense in the investigating state, action should also be taken against cross-border criminal measures (requests for arrest and extradition, other requests for legal assistance). Acting promptly is essential for the further course of the proceedings.