Extradition Arrest in Germany: What Family Members Can Do

By Dr. Julius Hagen, Attorney at Law

The first call is for organising help, not discussing the allegation

If the arrested person can make a call, keep it short and practical. Ask where they are being held, which authority is involved, whether there is a case reference, when a court hearing is expected and whether there are urgent health or language issues. The alleged offence, travel history, contacts and past events should not be discussed.

Do not treat a call from police custody or detention as confidential. Ask the arrested person not to discuss the case, not to sign anything prematurely and to request a lawyer and, where necessary, an interpreter. If no call is possible, record the information already available without passing assumptions on as established facts.

What family members should not do

Do not give the police, prosecution authorities or foreign authorities your own account of the case. Do not contact potential witnesses, co-accused persons or other participants to compare accounts or gather information. Public posts and requests for information on social media may also damage the defence.

Do not delete, edit or reorganise messages, emails, travel records or other files. Preserve existing documents in full and in their original state. Do not sign declarations on the arrested person’s behalf or promise cooperation whose consequences have not yet been assessed.

The Local Court, General Public Prosecutor’s Office and Higher Regional Court have different roles

If an extradition detention order already exists, section 21 IRG requires the arrested person to be brought before a judge of the nearest Local Court without delay and no later than the following day. The same deadline applies to a provisional arrest under section 22 IRG. The Local Court establishes identity and personal circumstances, explains the applicable rights and records objections.

The subsequent proceedings are normally handled by the General Public Prosecutor’s Office attached to the competent Higher Regional Court and by the Higher Regional Court itself. The prosecution office prepares the matter; the Higher Regional Court decides issues including extradition detention and the admissibility of extradition. Details of the court, prosecution office and case reference help counsel identify the proceedings quickly.

Legal representation becomes mandatory after an extradition arrest

Under section 40 IRG, an arrest makes legal representation mandatory in extradition proceedings. If the requested person does not yet have counsel, an appointment must be arranged without delay. The person may also retain a lawyer with experience in extradition law as chosen counsel.

Family members can establish the initial contact with a lawyer and assist with opening the matter. Counsel will confirm the engagement with the arrested person, contact the detention facility and identify the competent General Public Prosecutor’s Office and Higher Regional Court. At this stage, family members do not need to provide a complete account of the foreign criminal allegation.

Documents on personal ties, health and procedural status support the first applications

Registration records, a tenancy agreement, employment evidence, family responsibilities and reliable contact details may be relevant to extradition detention and review. Available warrants, alert notices, court correspondence and information about the requesting state should also be preserved. Give counsel complete copies where possible and distinguish clearly between confirmed facts and assumptions.

Counsel can then obtain the available detention and alert material, establish contact with the requested person and prepare submissions to the General Public Prosecutor’s Office and the Higher Regional Court. The documents required will depend on whether the case concerns a provisional arrest, an extradition detention order, a European Arrest Warrant or a complete extradition request.

Health, medication and language needs must be communicated precisely

Provide the name of each medication, its active ingredient, dosage and schedule. Keep medical reports, prescriptions and the treating physician’s contact details available in their original form. Do not bring or send medication or personal items without first coordinating with the detention facility or counsel, because acceptance rules differ between institutions.

State which language the arrested person can reliably understand. Conversational ability may not be enough for legal information about detention, extradition and possible waivers. Mental distress, suicide risk, disabilities and other particular vulnerabilities should also be reported to counsel and the detention facility in specific terms and, where possible, supported by records.

Consent to simplified extradition and waiver of speciality are not family decisions

Family members should not press for immediate consent merely to shorten the German proceedings. Consent to simplified extradition cannot be withdrawn under section 41 IRG. A separate issue is a possible waiver of the rule of speciality under section 11 IRG. Both decisions must be made by the arrested person after a comprehensible explanation and legal advice.

How we assist after an extradition arrest

We identify the competent authorities, obtain the available detention and alert documents, contact the requested person and prepare the necessary submissions on detention and extradition. Family members receive a clear list of the documents and information that are actually needed for the next procedural steps.

Where health or language issues arise, we coordinate the relevant information with the detention facility and the authorities involved. If the matter requires additional advice in the requesting state, we can identify suitable local counsel and coordinate the work.