Extradition between Germany and Belgium

The lawyers at Schlun & Elseven Rechtsanwälte are at your side to protect you from extradition.

Extradition between Germany and Belgium

The lawyers at Schlun & Elseven Rechtsanwälte are at your side to protect you from extradition.

In 2021, 54 Belgian extradition requests were processed, placing Belgium in the top five countries Germany extradited to most. The predominant grounds for extradition encompassed theft, property damage, and drug-related offenses. The process of extradition is a legally intricate and emotionally taxing affair.

Schlun & Elseven is an internationally operational law firm that specializes in advocating for clients entangled in extradition processes. Our team of extradition attorneys possesses the requisite proficiency and background in handling European Arrest Warrants and Interpol Red Notices, ensuring optimal representation in these demanding situations. Contact us through our encrypted contact form for more information.

European Arrest Warrant

The European Arrest Warrant (EAW) serves as the foundation for extradition among European Union member states. Its purpose lies in streamlining and expediting the execution of a national arrest warrant in another member state. An essential aspect of the European Arrest Warrant is the principle of mutual recognition. This means that within the EU, there exists a level of trust that the requisite criteria will be met by the other states, given the shared fundamental values on which the Union is established. This allows the court handling an extradition request to presume that the requesting Member State upholds the rights outlined in the EU Charter of Fundamental Rights.

Owing to this presumption of trust, challenging a European Arrest Warrant is intricate and requires the assistance of experienced experts. In specific scenarios, extradition might be admissible even if the suspect’s actions don’t amount to a criminal offense under the law of the requested state. The decisive factor is solely the list of criminal offenses outlined in the framework decision for the EAW. This includes, for instance, involvement in a criminal organization, terrorism, human trafficking, aiding and abetting illegal entry and residence, and corruption.

Removal of an Interpol Red Notice from Belgium

Belgian authorities can seek the arrest and subsequent extradition of a wanted person by obtaining an Interpol Red Notice. Our experienced extradition lawyers will submit requests for information to the relevant Interpol Offices on your behalf to gather relevant information about your case. Based on our analysis of your case, we will start your defense strategy; this includes preparing and filing the necessary protective letters. With Schlun & Elseven by your side, you can rest assured that we will work tirelessly towards deleting the Interpol Red Notice – so that you can travel without the threat of imminent arrest and extradition.

Extradition Requirements for German Nationals

Section 80 of the Act on International Mutual Assistance in Criminal Matters (IRG) specifies the Framework Decision on the European Arrest Warrant requirements. The requesting state must transfer the person being pursued back to Germany for enforcement at their request. This means that only the hearing and the pronouncement of the sentence occur in the member state, and the sentence itself is then served in Germany. Additionally, there has got to be a relevant connection to the requesting Member State. According to § 80 II 2 IRG, this is the case if the act in question took place on the sovereign territory of the requesting state or the result of the act occurred there, at least in significant parts.

When there’s a prior conviction in Germany, extradition to serve a sentence can only proceed with the concerned individual’s consent, following proper instruction from a judge, as stipulated in Section 80 (2), sentence 1 of the IRG.

Extradition Obstacles

According to Article 3 of the Framework Decision on the European Arrest Warrant, grounds for exclusion, based on which the requested Member State can refuse to execute the arrest warrant, are amnesty; double jeopardy; and minority. In addition, according to Article 4, further grounds for challenging the European Arrest Warrant are a failure to meet the dual criminality requirement (this applies only to offenses that do not fall under the offenses explicitly listed in the Framework Decision); parallel criminal proceedings that are ongoing in the requested country or if the prosecution is already statute-barred. Other extradition obstacles standardized in § 83 IRG are a lack of criminal responsibility due to their age or mental state; when a judgment was passed in absentia or the sentence threatened is life imprisonment.

Schlun & Elseven: Expert Legal Advice on Extradition Law

Extradition entails a specific set of challenges, impacting both the individual involved and their family members. Our team of extradition attorneys meticulously scrutinizes extradition requests, thoroughly assessing the potential areas of weakness. Clients gain from our specialized expertise in the realm of international legal cooperation and our comprehensive understanding of the operations of European courts and law enforcement entities. Our unwavering dedication revolves around safeguarding your rights and upholding your interests throughout the entirety of the process.

Contact us now.

„Extradition & Interpol Lawyer – by Schlun & Elseven“ is a website for the Extradition & Interpol Taskforce of the renowned German Law firm Schlun & Elseven. Due to our extensive experience in worldwide extradition Law and various Interpol cases, we can offer full-service legal advice and comprehensive support you can trust.

We are aware of our client’s particular need for security. Our contact form is transport-encrypted with SSL/TLS. Our servers are in Germany, and our support network is based in Switzerland.

Locations & Office Times

Mo – Fr: 09:00 – 19:00
24h Contact: 0221 93295960
Email: info@se-legal.de
Appointments made by telephone only.

Extradition & Interpol Lawyer
Düsseldorf

Düsseldorfer Str. 70
40545 Düsseldorf
Tel: +49 211 882 84196
Fax: 0221 932959669

Extradition & Interpol Lawyer
Cologne

Kyffhäuserstr. 45
50674 Cologne
Tel: +49 221 93295960
Fax: 0221 932959669

Extradition & Interpol Lawyer
Aachen

Von-Coels-Str. 214
52080 Aachen
Tel: +49 241 4757140
Fax: 0241 47571469

Locations & Office Times

Mo – Fr: 09:00 – 19:00

24h Contact: 0221 93295960

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