European Arrest Warrant in Germany.
A warrant from Milan, Bucharest or Warsaw, an arrest at Frankfurt Airport or at home. Surrender within the EU is fast, often a matter of weeks. The first days decide whether a person is surrendered, on what conditions, and whether they stay in custody meanwhile. We defend in extradition proceedings, particularly in tax and white-collar cases.
Available now · +49 69 24746870From the local court to the Higher Regional Court.
After the arrest, the person is brought before the nearest local court, which checks identity and explains their rights. The real questions are decided elsewhere: whether extradition detention is ordered and whether surrender is admissible is for the Higher Regional Court, in Hesse the Oberlandesgericht Frankfurt am Main. The Generalstaatsanwaltschaft (Public Prosecutor General's Office) in Frankfurt conducts the procedure and finally grants surrender.
Under the Framework Decision, the decision should be taken within 60 days of arrest, or within 10 days if the person consents. Anyone without a lawyer during this period loses the few levers the procedure offers.
Do not consent too quickly.
At the local court, the person is asked whether they consent to simplified surrender. Many agree in the hope of getting it over with. But consent is irrevocable (section 41(3) IRG). It waives the review by the Higher Regional Court and most objections to surrender. Nobody should make this decision without a lawyer.
A European Arrest Warrant is not automatic.
- German nationals and residents: surrender for prosecution requires a guarantee of return to serve the sentence in Germany and a substantial link of the offence to the issuing state (section 80 IRG). Foreign nationals habitually resident in Germany enjoy similar protection (section 83b(2) IRG).
- Same offence in Germany: if German proceedings for the same act are pending or were discontinued, surrender may be refused.
- Judgments in absentia, prison conditions, proportionality: these may stand in the way of surrender or require assurances from the issuing state.
- Release: extradition detention can be suspended on conditions, for example where the person has a fixed address, work and family in Germany.
Many warrants we see concern tax evasion, VAT fraud, customs, fraud or money laundering. We work with defence lawyers in the issuing state, because some arguments can only be raised there. German version: Europäischer Haftbefehl · See also: Arrest of a foreign national in Germany · Tax evasion
The European Arrest Warrant in brief.
What happens after an arrest on a European Arrest Warrant in Germany?
The person is brought before the nearest local court (Amtsgericht) without delay, at the latest on the day after the arrest. That court checks identity and explains the person's rights, but does not decide on surrender. Extradition detention and the admissibility of surrender are decided by the Higher Regional Court (Oberlandesgericht), which for the whole of Hesse is the Higher Regional Court in Frankfurt am Main.
Should I consent to simplified surrender?
Not without legal advice. Consent shortens the procedure but cannot be withdrawn (section 41(3) IRG). Whoever consents gives up the review of admissibility by the Higher Regional Court and most objections to surrender.
How long does surrender within the EU take?
Under the Framework Decision on the European Arrest Warrant, the final decision should be taken within 60 days of arrest, or within 10 days if the person consents. In exceptional cases the period can be extended by 30 days.
Is a person surrendered for tax offences?
Yes, in principle. Surrender for tax and customs offences may not be refused merely because German law does not impose the same kind of tax. Fraud, money laundering and corruption are list offences for which double criminality is no longer checked if the maximum penalty in the issuing state is at least three years.
Are German nationals surrendered?
Only under strict conditions (Article 16(2) Basic Law, section 80 IRG). For prosecution, the issuing state must guarantee that the person may serve any sentence in Germany, and the offence must have a substantial link to the issuing state. For the enforcement of a sentence, a German national is surrendered only with their consent. Foreign nationals habitually resident in Germany enjoy similar protection (section 83b(2) IRG).
This page provides general information and does not replace advice on an individual case.
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A family member, employee or client has been arrested on a European Arrest Warrant? Call the partner directly, also outside office hours.
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