Extradition from Germany to Italy is a serious legal matter that can have far-reaching consequences for those affected and their families. According to official statistics from the German Federal Ministry of Justice, 113 extradition requests from Italian authorities were approved in 2021 alone, with theft, battery, and drug-related offenses among the most common grounds. Not every extradition request is legally justified, however, and there are meaningful grounds on which it can be challenged. The sooner you obtain legal representation, the greater the range of options available to your defense.
At Schlun & Elseven Rechtsanwälte, our extradition lawyers have the expertise and experience needed to defend clients against extradition to Italy, including cases involving European Arrest Warrants and Interpol Red Notices.

The European Arrest Warrant (EAW) accelerates the enforcement of a national arrest warrant within another EU member state. It makes extradition permissible even if the suspect’s doing does not constitute a criminal offense under the law of the requested state. Only the criminal offenses and offenses listed in the framework decision of the EAW are decisive. These include, for example, involvement in a criminal organization, terrorism, human trafficking, aiding, and abetting illegal entry and residence, and corruption.

The EAW’s main concept however is the principle of mutual recognition between member states. This means that it can be trusted that the other states will comply with the necessary requirements for an EAW, since as member states they share the EU’s common values. There is, therefore, mutual trust between the member states, so that the court dealing with an extradition request can assume that the requesting state respects the provisions within the EU Charter of Fundamental Rights. This confidence can be refuted if there is reason to assume a breach of the “ordre public” within the meaning of Section 73, Clause 2 of the Act on International Mutual Assistance in Criminal Matters (IRG). Certainly, this presumption of trust makes the defense against an EAW even more challenging and requires the support of experienced extradition lawyers.

The extradition of German nationals to Italy as an EU member state is subject to specific requirements. The requesting state must be prepared to transfer the person back to Germany to serve their sentence upon request, meaning that while the trial and sentencing take place in Italy, the sentence itself is served in Germany. Furthermore, a relevant connection to the requesting member state must exist. This is established where the offense was committed on Italian territory or where the result of the offense occurred there, at least in significant part.

Several legal grounds exist on which extradition from Germany to Italy can be challenged or refused. Our extradition lawyers will assess which of these grounds apply to your case and advise you on the strongest available course of action.

• Minority: The person has not reached the age of criminal responsibility in the executing state.
• Double jeopardy: The person has already been convicted of the same offense and the sentence has been served or can no longer be enforced.
• Lack of dual criminality: The offense does not constitute a crime in both states, applicable to offenses outside the categories listed in the EAW Framework Decision.
• Parallel criminal proceedings: Criminal proceedings for the same conduct are already underway in Germany.
• Amnesty: The offense is covered by amnesty in the executing state.
• Statute of limitations: The prosecution is already statute-barred.
• Lack of criminal responsibility: The person is not criminally responsible due to age or mental state.
• Judgment in absentia: The accused did not personally attend their criminal hearing.
• Life imprisonment: The threatened sentence is life imprisonment.

A 2022 report by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) has highlighted a variety of critical conditions in Italian prisons. In addition to the fact that Italian prisons were overcrowded overall, the following was noted:

• Sanitary areas and cells were squalid and infested with mold.
• Some of the cells did not get any daylight due to shutters.
• Prisoners stayed in the cells for up to 23.5 hours a day.
• Complaints about lack of hygiene products and clothing were recorded.
• There were instances of 15–19-hour breaks between meals.

Upon closer examination, these circumstances may represent an obstacle to extradition. Please do not hesitate to contact us for a more in-depth assessment of how such circumstances may impact on your extradition case.

Our extradition lawyers have long-standing expertise in examining legally complex cases and have extensive experience dealing with requests for extradition to be able to represent you as effectively as possible during this challenging time. We will analyze your case in detail and examine on what basis the EAW could be challenged. We know how time sensitive defending against Extradition is – contact us now for timely legal advice.