Being arrested in Germany for extradition is a serious and disorienting experience. It can happen unexpectedly at an airport, at a border crossing point, or during a routine police check. The legal basis may be an Interpol Red Notice, a European Arrest Warrant, or a formal extradition request from a foreign state. For many people, the arrest comes without warning, and the legal process that follows moves quickly.

Not every arrest in Germany for extradition is legally justified. Extradition must meet strict requirements under German law, and there are meaningful grounds on which it can be challenged. Understanding your legal rights and options from the outset is therefore essential. At Schlun & Elseven Rechtsanwälte, our extradition lawyers in Germany provide immediate legal support to individuals arrested in connection with extradition proceedings and Interpol notices. We assess the legal grounds for your detention, pursue your release where those grounds are insufficient, and build the strongest possible defense strategy for your case. The sooner you obtain legal representation, the greater the range of options available.

When arrested in Germany for extradition, several fundamental rights apply from the moment of detention. First and foremost, you must be informed of the reasons for your arrest. You are not obliged to answer any questions or make any statements that could later be used against you in proceedings. Legal representation is available immediately, and you may contact a lawyer of your choice at any time. Those who cannot afford a lawyer will have one appointed by the court under Germany’s legal aid system. If you do not speak German, an interpreter must be provided. Foreign nationals have the additional right to consular notification under the Vienna Convention on Consular Relations, meaning your country’s consulate can be informed of your arrest upon request. Upon detention, all of these rights must be set out in a written document provided to you immediately after the arrest.

After being arrested in Germany for extradition, you will be brought before a local court, which will inform you of the reasons for your detention and your rights. The court then reviews whether your continued detention is lawful and decides whether you should be released or remain in custody pending further proceedings. If you consent to extradition at this stage, the process is significantly accelerated. If you do not consent, the competent Higher Regional Court must conduct a full admissibility review before extradition can proceed. This review is your primary opportunity to challenge the extradition request and is the stage at which legal intervention is most critical.

An Interpol Red Notice is a request circulated through Interpol’s network asking member states to locate and provisionally detain an individual pending a formal extradition request. Each member state decides independently how to respond under its own national law. In Germany, a Red Notice typically leads to immediate arrest in practice, with extradition proceedings following once the issuing state has been informed.

Where the Red Notice itself is unlawful or non-compliant with Interpol’s rules, it can be challenged and removed. Common grounds include political motivation, contradictions with the Universal Declaration of Human Rights, or offenses that fall within Interpol’s list of excluded categories. Our extradition lawyers will assess the validity of the Red Notice issued against you and pursue its deletion through the Commission for the Control of Interpol’s Files (CCF) where grounds exist. Removing the Red Notice can be a critical first step in preventing extradition proceedings from advancing further.

Being subject to an extradition request does not automatically justify detention. Under Section 15 of the German Act on International Mutual Assistance in Criminal Matters (IRG), provisional extradition custody may be ordered where a formal extradition request has not yet been received but there is a risk that the individual may evade extradition proceedings, commonly referred to as a danger of flight. Detention may also be ordered where there is a risk of collusion, meaning the individual may suppress evidence and obstruct proceedings in the requesting state. Detention is categorically not permitted, however, where extradition appears unlawful from the outset. Our extradition lawyers will assess the grounds for your detention immediately and pursue your release where those grounds are insufficient or unlawful.

Extradition detention in Germany is not inevitable, and several legal alternatives exist that can allow you to remain free while proceedings are ongoing. The Higher Regional Court may suspend the execution of an extradition arrest warrant where less restrictive measures can adequately serve the purpose of extradition custody. These include reporting requirements, meaning the obligation to report to a designated authority at specified times, geographic restrictions preventing you from leaving a specific area without permission, and home confinement under the supervision of a designated person. Bail is another important alternative. Known in Germany as a security deposit, it allows the execution of an arrest warrant to be suspended in exchange for an appropriate financial security provided by the accused or a third party. The amount is set by the court based on the circumstances of the individual case. Our extradition lawyers will assess which of these alternatives are available in your case and make the necessary applications without delay.

Even individuals who have committed no offense should consult a lawyer before responding to any questions from authorities. Seeking legal counsel is not an indication of guilt. It is a necessary step in ensuring that your fundamental rights are protected throughout the process. Any statement made to authorities may be used as evidence in subsequent proceedings. It is therefore critical to obtain legal advice before engaging with investigators or prosecutors.

Under Section 40 IRG, legal representation is mandatory in extradition proceedings where the person persued has been arrested or the factual or legal situation is complicated, which is regularly the case. Our extradition lawyers will advise you on whether cooperation with authorities is beneficial in your specific case and represent you at every stage of the process.

Extradition law is a highly specialized field that differs fundamentally from other areas of criminal law. An effective defense requires specific legal knowledge, strategic thinking, and experience in dealing with both German authorities and international counterparts. At Schlun & Elseven Rechtsanwälte, our extradition lawyers in Germany have successfully handled a wide range of cases involving clients arrested in Germany for extradition and have secured the removal of countless Red Notices. We communicate with legal teams worldwide and advise clients in multiple languages, providing comprehensive legal support from a single point of contact. Contact us now for immediate and confidential assistance.