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.

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.

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.

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.

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.