§§ 78 ff. IRG
European Arrest Warrant and extradition
Lawyer for extradition and European Arrest Warrants in AachenA European Arrest Warrant, an arrest at the border, an investigation in another country: criminal cases with links abroad follow their own rules and move fast. Karolin Hagemann de Grzymala, LL.M., represents people in extradition proceedings and advises when the authorities of several countries work together.
An arrest warrant from abroad.A decision in Germany.
The Higher Regional Court (Oberlandesgericht) decides on extradition. Every hour counts.
As a lawyer for international criminal law in Aachen, Karolin Hagemann de Grzymala, LL.M., represents people whose extradition another country is seeking, and clients who are being investigated across borders. The firm is based in Aachen, where Germany, Belgium and the Netherlands meet. Police and judicial authorities here work closely across the border, and extradition proceedings are a regular part of the firm’s work.
What international criminal law covers
IRG
Extradition to countries outside the EU under the Act on International Mutual Assistance in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen).
§§ 91a ff. IRG
European Investigation Order (Europäische Ermittlungsanordnung): one EU country has evidence gathered in another, for example through searches or witness interviews.
Other mutual legal assistance
For example, the transfer of bank account data or the enforcement of foreign judgments in Germany.
Art. 54 SDÜ
The ban on being punished twice for the same act in the Schengen area
Wanted-person alerts via Interpol or the Schengen Information System
Good to know
The main sources of law are the IRG and the Convention implementing the Schengen Agreement (SDÜ), together with European framework decisions and directives and treaties with individual countries.
How extradition proceedings work
- 01
Arrest
The basis is usually a European Arrest Warrant or an international wanted-person alert. The arrest often comes as a surprise: at a border or traffic check, at the airport or at the front door.
- 02
Appearance before the Local Court
No later than the day after the arrest, the person is brought before the Local Court (Amtsgericht) under §§ 21, 22 IRG. The judge mainly establishes their identity and asks whether they have any objections. If they are the person being sought, the court usually orders that they be held until the Higher Regional Court decides.
- 03
Legal counsel
After an arrest, the person must have a lawyer. If they have none, the court appoints one (§ 40 IRG). You can name the lawyer you trust for this. Under a European Arrest Warrant, you may also name a lawyer in the issuing country (§ 83c IRG).
- 04
Extradition detention
The Higher Regional Court decides on detention pending extradition (Auslieferungshaft). It requires, for example, a risk of flight. If less severe measures are enough, detention can be suspended subject to conditions (§§ 15, 25 IRG).
- 05
Decision on admissibility
The Higher Regional Court examines whether extradition is permitted. For an arrest in the Aachen area, this is usually the Higher Regional Court Cologne (§ 14 IRG). Its decision cannot be appealed (§ 13 IRG).
- 06
Approval and surrender
If extradition is permitted, it still has to be approved (Bewilligung). Under a European Arrest Warrant, the decision should be made within 60 days of the arrest. Surrender should then follow within ten days (§ 83c IRG).
Arrested because of an extradition request?
Do not agree to simplified extradition before you have spoken to your defence lawyer. This consent cannot be withdrawn (§ 41 IRG). Call +49 163 8461632.
When extradition is not permitted
In extradition proceedings, the court generally does not examine whether the allegation is true. The proceedings are about supporting another country’s criminal case. What the court examines is whether the legal requirements are met. This is where the defence comes in, with questions such as these:
§ 3 Abs. 1 IRG
Is the act also a criminal offence under German law? Under a European Arrest Warrant, this check does not apply to certain serious listed offences (Katalogtaten).
§ 3 Abs. 2, § 81 Nr. 1 IRG
Does the possible penalty reach the minimum threshold? The maximum penalty must be at least one year’s imprisonment. Under a European Arrest Warrant, it must be at least twelve months under the law of the requesting country.
§ 8 IRG
Could the death penalty be imposed? Then extradition is only permitted if the requesting country gives an assurance that it will neither impose nor carry out the death penalty.
§ 6 IRG
Is there a risk of persecution because of religion, nationality or political opinions, or is the offence a political one?
§ 73 IRG
Do the conditions of detention or the proceedings in the requesting country violate essential principles of the German legal order or European fundamental rights?
Art. 54 SDÜ
Has there already been a final decision on the same act?
Are the arrest warrant and the documents complete and formally in order?
Good to know
German nationals may only be extradited to EU member states or to an international court (Art. 16 Abs. 2 GG). For extradition for prosecution, it must among other things be ensured that they can serve any sentence in Germany (§ 80 IRG). Special rules also apply to foreign nationals who are habitually resident in Germany (§ 83b Abs. 2 IRG).
Call directly
+49 163 8461632You speak to the lawyer in person. Professional confidentiality applies from the first call.
After the Higher Regional Court’s decision
There is no appeal against the Higher Regional Court’s decision. That is why every objection must be raised beforehand. After the decision, only a few options remain:
§ 33 IRG
An application for a new decision
If new circumstances arise or come to light.
§ 77 IRG, § 33a StPO
A complaint that you were not properly heard (Anhörungsrüge)
If the court has violated your right to be heard.
§§ 32, 93 BVerfGG
As a last resort, a constitutional complaint (Verfassungsbeschwerde) to the Federal Constitutional Court, within one month and usually combined with an urgent application so that the surrender is not carried out in the meantime.
Interpol, investigation orders and proceedings abroad
Not every case with links abroad starts with an arrest. Sometimes people only find out when they travel, or through a query from their bank, that another country is investigating them.
Interpol notices
A Red Notice is not an international arrest warrant. It is a request to member countries to locate a person and arrest them provisionally. We examine case by case whether a notice can be challenged, for example where there is a political background.
European Investigation Order
Authorities of an EU country can have searches, interviews or the disclosure of bank account data carried out in Germany. Such measures can also be reviewed by a court.
Proceedings abroad
If you are being investigated abroad, you need a defence lawyer there. We advise from a German perspective, for example on a possible extradition or on the enforcement of a foreign judgment in Germany.
Advice in Aachen and by video conference
Many clients in international criminal law live abroad, or cannot travel to Germany without risking arrest. In that case, the consultation takes place confidentially by video conference. Relatives can also get in touch if a family member has been arrested.
Karolin Hagemann de Grzymala’s interest in international criminal law also has family roots. As a certified specialist lawyer for criminal law, she combines extradition law with defence in German criminal proceedings. You can read more about the situation in the border region on the home page under International. In cross-border business cases, business and white-collar crime also comes into play, and when drugs are found at the border, drug offences. If you live outside Germany, our guide Arrested in Germany explains your rights from the first hours onwards.
Extradition in Aachen
The Higher Regional Court decides whether extradition is permitted. For Aachen, this is the Higher Regional Court Cologne.
Aachen
After arrests at the border near Aachen, the first hearing usually takes place at the Local Court Aachen. The Higher Regional Court Cologne is also responsible for the decision here.
Criminal defence lawyer in AachenOther practice areas
Defence for individuals and companies, from a penalty order to extradition proceedings.
Frequently asked questions
Answers to questions that the people affected and their relatives often ask after an arrest or a wanted-person alert.
Arrest warrantWhat is a European Arrest Warrant?
A decision by which one EU member state asks another to arrest and surrender a person, either for prosecution or to enforce a sentence. The checks are simpler than in traditional extradition. A defence is still possible, though: here too, there are grounds on which extradition is not permitted.
AppealCan I challenge the Higher Regional Court’s decision?
There is no appeal. The decision is final (§ 13 IRG). If new circumstances arise, the court can decide again (§ 33 IRG). A constitutional complaint remains as a last resort. That is why the defence must raise every objection before the decision.
ConsentShould I agree to simplified extradition?
Not before you have spoken to your defence lawyer. Simplified extradition shortens the proceedings, but your consent cannot be withdrawn (§ 41 Abs. 3 IRG). You can also give up the protection that you will only be prosecuted for the offence named in the request (Spezialität). Whether that makes sense depends on the individual case.
German nationalsCan Germany extradite its own nationals?
Yes, but only to EU member states or to an international court, and only under strict conditions (Art. 16 Abs. 2 GG, § 80 IRG). For extradition for prosecution, it must among other things be ensured that, if convicted, you can return to Germany to serve the sentence.
AbroadI live abroad. Can you still advise me?
Yes. The consultation can take place confidentially by video conference. In that conversation, we clarify what is known about a wanted-person alert or an arrest warrant, what risks travelling involves and which steps make sense now.
Talk to us before you talk to anyone else.
A first consultation clarifies where you stand and what to do next. The language of the consultation is agreed when you first get in touch, and a sworn interpreter can take part if needed.
+49 163 8461632