International arrest warrant in Germany: the higher regional court
Germany decides surrender through the higher regional courts, with the general prosecutor's office conducting the proceedings on the ground. It is among the jurisdictions that act on an Interpol alert by arresting rather than by enquiring, and the first judicial decision follows the ordinary German rule: by the end of the day after the arrest.
Who does what
| Body | Role | Note |
|---|---|---|
| General prosecutor's office | Conducts the surrender proceedings | At the level of the higher regional court |
| Higher regional court | Decides on admissibility of surrender | The judicial decision |
| Detention pending surrender | Ordered by the court | Reviewed periodically |
| First appearance | By the end of the day following the arrest | Constitutional rule |
| Consent | Shortens the procedure considerably | Irrevocable in its effects |
Detention pending surrender
Germany detains readily in these proceedings, because flight risk is presumed to be high where the person has no ties in the country and is wanted elsewhere. That presumption is answerable, but only with material: a German address, an undertaking to surrender documents and report, employment, family.
The general framework on German detention and its alternatives is in the guide for Germany.
What is actually argued
- Conviction in absence, which is the recurring issue with warrants from Italy and from several other states.
- Ne bis in idem, where a final decision on the same acts exists in a member state.
- Limitation, where German law would have had jurisdiction.
- Detention conditions in the issuing state, on the narrow two-stage test the Court of Justice has developed.
- Nationality and residence, where the sentence could be enforced in Germany instead.
- Defects in the warrant itself, including the classification of the offence within the categories that dispense with dual criminality.
Where Italy is the other end
Germany executes a large volume of Italian warrants, and Italy executes German ones. Either way the productive work is on both sides at once: the surrender proceedings in Germany, and in Italy the measure or judgment underlying the warrant.
The framework is in the guide on surrender, and the instructing arrangement in the note for foreign law firms.
Frequently asked questions
Which court decides surrender in Germany?
The higher regional court, with the general prosecutor's office conducting the proceedings.
Will I be detained during the proceedings?
Usually, because flight risk is presumed where the person has no German ties. It is answerable with an address, documents, employment and family evidence.
Should I consent to surrender?
It shortens the procedure considerably and its effects cannot be undone. Whether it helps depends on the strength of the case in the issuing state.
What is argued most often?
Convictions pronounced in absence, ne bis in idem, limitation, detention conditions, and defects in the warrant itself.
If an arrest has happened in Germany
The first court appearance is within a day, and consent given at it cannot be undone. First contact is free and covered by professional privilege, at any hour.