European Arrest Warrant in Germany
Arrest, surrender review and coordinated defence in Germany and the issuing state
By Dr. Julius Hagen, Attorney at Law
Defence against a European Arrest Warrant
A European Arrest Warrant connects German surrender proceedings with a prosecution or sentence-enforcement case in another EU Member State. In Germany, the Higher Regional Court and General Public Prosecutor’s Office examine detention, admissibility and authorisation. The underlying foreign warrant can generally be withdrawn or suspended only in the issuing state.
Dr Julius Hagen leads the defence in the German EAW proceedings. We obtain the EAW, SIS data and German surrender file, compare the alleged acts with the underlying decision, and submit objections to the General Public Prosecutor’s Office and Higher Regional Court. Where the warrant must be challenged in the issuing state, we coordinate suitable local counsel. Our page on challenging a European Arrest Warrant explains this parallel defence.
Following an arrest, legal representation is mandatory under section 40 IRG. The warrant and available documents should be reviewed before any statement, consent to simplified surrender or additional waiver.
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Tell us the issuing state, the current procedural stage and which warrants, judgments or SIS records are available.