In 2021, Belgium ranked among the top five countries that Germany extradited to, with 54 extradition requests processed that year. The predominant grounds included theft, property damage, and drug-related offenses. Extradition from Germany to Belgium is made possible primarily through the European Arrest Warrant, a legally binding instrument that significantly streamlines cross-border extradition within the EU. The process is legally complex and emotionally demanding. Schlun & Elseven Rechtsanwälte is an internationally active law firm specializing in extradition defense. Our team of extradition attorneys has extensive experience handling European Arrest Warrants and Interpol Red Notices, ensuring the best possible representation in these demanding situations.

The European Arrest Warrant (EAW) is the primary legal instrument enabling extradition between EU member states, including extradition from Germany to Belgium. Its purpose is to streamline and expedite 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.

As a result of this presumption of trust, challenging a European Arrest Warrant is complex and requires experienced legal counsel. 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.

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

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 Section 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.

Extradition presents 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 international legal cooperation and our comprehensive understanding of the operations of European courts and law enforcement entities. We are dedicated to safeguarding your rights and upholding your interests throughout the entirety of the process.