German Extradition Defence Lawyers

By Dr. Julius Hagen, Attorney-at-Law

Defence in Extradition Proceedings

Extradition proceedings differ fundamentally from ordinary criminal cases. The issue is not whether an allegation is factually correct, but whether extradition is permissible under German law, European law, and applicable international treaties.

Not a determination of guilt, but a legality review

In extradition proceedings in Germany, courts do not determine guilt or innocence. They examine only whether the legal requirements for surrender to another state are met. This includes issues under the IRG, the European Arrest Warrant framework, human-rights limits, procedural guarantees, and international alert systems.

Extradition is therefore not automatic. What matters is whether Germany may legally authorize surrender — and whether objections relating to detention, procedural defects, or substantive obstacles to extradition are raised in time.

Typical situations in extradition defense

Extradition matters often begin in acute crisis situations. Typical constellations include unexpected arrests, especially at airports or borders, the execution of a European Arrest Warrant, extradition detention, INTERPOL-related measures, and later remedies against adverse decisions.

It is equally important to address situations in which preventive action may still be possible before any arrest takes place — for example in connection with international alerts, travel-related risks, or the early legal assessment of potential exposure.

Defense after arrest or detention

A central area of work is immediate defense after arrest, at judicial hearings, and in extradition detention proceedings. In these situations, the case often concerns liberty, procedural strategy, and the question which objections must be introduced into the proceedings without delay.

Examination of legal obstacles to extradition

It is equally important to examine whether extradition is materially permissible at all. This may involve political persecution, human-rights risks, procedural defects, health-related issues, or the absence of legal requirements for surrender.

Remedies against adverse decisions

Where adverse decisions have already been issued, the question becomes which remedies still remain. In extradition proceedings, renewed-decision applications, constitutional protection, and urgent applications before the Federal Constitutional Court may be particularly significant.