Extradition law

In extradition law, a state requests the transfer of a persecuted person to another state for the purpose of prosecution or execution of a sentence. In practice, this is often associated with extradition detention until the question of whether extradition is admissible is clarified.

There may be various reasons against extradition, depending on the respective proceedings and the state requesting extradition. To clarify these questions, you should instruct a lawyer who has in-depth knowledge of extradition law. In principle, the “Act on International Mutual Assistance in Criminal Matters” is applicable.

The limits of mutual legal assistance include in particular § 73 IRG – Limits of mutual legal assistance:

“The provision of mutual legal assistance as well as the transfer of data without a request is inadmissible if it would contradict essential principles of the German legal system. In the case of requests under Part Eight, Part Nine, Part Ten and Part Thirteen, the provision of mutual legal assistance is inadmissible if the execution would be contrary to the principles contained in Article 6 of the Treaty on European Union.”

 

Special features of extradition requests from the United Kingdom (UK)

In cases of extradition requests from the United Kingdom (UK), the comprehensive “Agreement on Trade and Cooperation between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part” (TCA Agreement), which can be viewed at this link, has applied since BREXIT.

 

Cf. in this respect also

 

We stand up for your rights.

The lawyers Dr. Jan-Carl Janssen and Jan-Georg Wennekers will advise and defend you in all extradition law cases.