Extradition (law)

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An extradition in the legal sense is the transfer of a suspect wanted there by an arrest warrant to another country.

Germany

Delivery from Germany to other countries

A suspect is usually not extradited automatically; extradition is usually preceded by a mutual legal assistance request . In Germany, the Law on International Mutual Legal Assistance in Criminal Matters ( IRG ) regulates extradition and transit if there is no bilateral agreement between Germany and the requesting state. According to this, certain criteria must be met before a suspect is extradited to another state:

  1. The offense he is charged with must be punishable in both countries and must be determined on the spot.
  2. He must not face any torture or other inhumane treatment (although there must be a concrete and not a merely abstract risk).
  3. He must not face the death penalty ( § 8 IRG ).
  4. It must be ensured that a fair trial awaits him. The fundamental right to a fair trial can e.g. B. be injured by an unreasonable threat of punishment or extradition to an exceptional court .
  5. There is no need for an extradition agreement to exist; Delivery is also possible on a contractless basis.
  6. German citizens may only be extradited to EU countries or international courts, and only if this is expressly permitted by law ( Art. 16 GG ). Before the introduction of the European arrest warrant , the extradition of Germans abroad was generally prohibited by the Basic Law.

The principle of specialty applies to extradition: If an extradition is approved, the approval relates

  • on a specific, concrete charge as well as
  • to prosecution or enforcement by a particular state.

The extradition may therefore not take place if there is evidence that the person to be extradited is to be prosecuted or extradited to a third country for further acts not mentioned in the extradition application ( Section 11 IRG ).

The decision on the legal admissibility of the extradition is incumbent on the locally competent higher regional court ( § 29 IRG ). There is no legal remedy against this, but a constitutional complaint is possible.

Even if a suspect is not extradited for the reasons mentioned above, this does not automatically mean impunity for him. Because basically abroad crimes committed in Germany can be traced ( §§ 5 et seq. Of the Criminal Code ), the suspect may be made in Germany the process. This happens, for example, when a German has committed a crime abroad and could only be arrested after returning to Germany.

Delivery from other countries to Germany

In the following list, the individual countries are divided according to the legal basis for extradition to the Federal Republic of Germany.

Country Extradition traffic
Afghanistan No extradition traffic
Egypt Delivery on a contractless basis
Albania European Convention on Extradition
Algeria Delivery on a contractless basis
Andorra European Convention on Extradition
Anguilla (UK) Intergovernmental extradition treaty
Argentina Delivery on a contractless basis
Armenia European Convention on Extradition
Aruba, Curaçao and Sint Maarten (NL) European Convention on Extradition
Azerbaijan European Convention on Extradition
Ethiopia Delivery only on the basis of an intergovernmental agreement
Australia Intergovernmental extradition treaty
Bahamas Intergovernmental extradition treaty
Bahrain Delivery on a contractless basis
Bangladesh No extradition traffic
Barbados No realizations
Belgium Regulation in national law
Belize No realizations
Benin Delivery on a contractless basis
Bermuda Intergovernmental extradition treaty
Bhutan Delivery on a contractless basis
Bolivia Delivery on a contractless basis
Bosnia and Herzegovina European Convention on Extradition
Botswana Delivery only on the basis of an intergovernmental agreement
Brazil Delivery on a contractless basis
British Virgin Islands (UK) Intergovernmental extradition treaty
Brunei No realizations
Bulgaria Regulation in national law
Burkina Faso Delivery on a contractless basis
Burundi Delivery only on the basis of an intergovernmental agreement
Chile Delivery on a contractless basis
Costa Rica Delivery on a contractless basis
Denmark (without Faroe Islands / Greenland) Regulation in national law
Democratic Republic of Congo Delivery on a contractless basis
Dominica Intergovernmental extradition treaty
Dominican Republic Delivery on a contractless basis
Djibouti No extradition traffic
Ecuador Delivery on a contractless basis
El Salvador Delivery on a contractless basis
Ivory Coast Delivery on a contractless basis
Estonia Regulation in national law
Falkland Islands (UK) Intergovernmental extradition treaty
Faroe Islands / Greenland (DK) European Convention on Extradition
Fiji Intergovernmental extradition treaty
Finland Regulation in national law
France Regulation in national law
French Polynesia Regulation in national law
Gabon Delivery only on the basis of an intergovernmental agreement
Gambia Delivery only on the basis of an intergovernmental agreement
Georgia European Convention on Extradition
Ghana Intergovernmental extradition treaty
Gibraltar (UK) Regulation in national law
Grenada Intergovernmental extradition treaty
Greece Regulation in national law
Guatemala No extradition traffic
Guinea No extradition traffic
Guyana No realizations
Haiti Delivery on a contractless basis
Honduras No realizations
India Intergovernmental extradition treaty
Indonesia Delivery on a contractless basis
Isle of Man (UK) European Convention on Extradition
Iraq No extradition traffic
Iran No extradition traffic
Ireland Regulation in national law
Iceland European Convention on Extradition
Israel European Convention on Extradition
Italy Regulation in national law
Jamaica Intergovernmental extradition treaty
Japan Delivery on a contractless basis
Yemen Delivery on a contractless basis
Jordan No extradition traffic
Cayman Islands (UK) Intergovernmental extradition treaty
Cambodia No extradition traffic
Cameroon Delivery on a contractless basis
Canada Intergovernmental extradition treaty
Channel Islands (UK) European Convention on Extradition
Cape Verde Delivery on a contractless basis
Kazakhstan No extradition traffic
Qatar Delivery on a contractless basis
Kenya Intergovernmental extradition treaty
Kyrgyzstan No extradition traffic
Colombia Delivery on a contractless basis
Kosovo Delivery on a contractless basis
Croatia Regulation in national law
Cuba No extradition traffic
Kuwait Delivery on a contractless basis
Laos No realizations
Lesotho Intergovernmental extradition treaty
Latvia Regulation in national law
Lebanon No extradition traffic
Liberia Delivery only on the basis of an intergovernmental agreement
Libya Delivery on a contractless basis
Liechtenstein European Convention on Extradition
Lithuania Regulation in national law
Luxembourg Regulation in national law
Madagascar Delivery on a contractless basis
Malawi Intergovernmental extradition treaty
Malaysia No extradition traffic
Maldives No extradition traffic
Mali Delivery on a contractless basis
Malta Regulation in national law
Morocco Delivery on a contractless basis
Marshall Islands No realizations
Mauritania Delivery on a contractless basis
Mauritius Intergovernmental extradition treaty
Macedonia European Convention on Extradition
Mexico Intergovernmental extradition treaty
Moldova European Convention on Extradition
Monaco European Convention on Extradition
Mongolia No extradition traffic
Montenegro European Convention on Extradition
Montserrat (UK) Intergovernmental extradition treaty
Mozambique No extradition traffic
Myanmar No extradition traffic
Namibia Delivery on a contractless basis
Nauru Delivery on a contractless basis
Nepal Delivery on a contractless basis
New Zealand Delivery on a contractless basis
Nicaragua Delivery on a contractless basis
Netherlands Regulation in national law
Netherlands Antilles European Convention on Extradition
Niger Delivery on a contractless basis
Nigeria Delivery on a contractless basis
North Korea No extradition traffic
Norway European Convention on Extradition
Oman No realizations
Austria Regulation in national law
Pakistan No extradition traffic
Panama Delivery on a contractless basis
Papua New Guinea No extradition traffic
Paraguay Intergovernmental extradition treaty
Peru Delivery on a contractless basis
Philippines No extradition traffic
Pitcairn Islands (UK) Intergovernmental extradition treaty
Poland Regulation in national law
Portugal Regulation in national law
Republic of the Congo Delivery on a contractless basis
Republic of Cyprus Regulation in national law
Rwanda Delivery on a contractless basis
Romania Regulation in national law
Russia European Convention on Extradition
Solomon Islands No realizations
Zambia Intergovernmental extradition treaty
Samoa No realizations
San Marino European Convention on Extradition
Sao Tome and Principe Delivery on a contractless basis
Saudi Arabia Delivery on a contractless basis
Sweden Regulation in national law
Switzerland European Convention on Extradition
Senegal Delivery on a contractless basis
Serbia European Convention on Extradition
Seychelles Intergovernmental extradition treaty
Sierra Leone No extradition traffic
Zimbabwe No realizations
Singapore Intergovernmental extradition treaty
Slovakia Regulation in national law
Slovenia Regulation in national law
Somalia No extradition traffic
Hong Kong Special Administrative Region (PRC) Intergovernmental extradition treaty
Macau Special Administrative Region (PRC) No extradition traffic
Spain Regulation in national law
Sri Lanka Delivery only on the basis of an intergovernmental agreement
St. Helena (UK) Intergovernmental extradition treaty
St. Kitts and Nevis Intergovernmental extradition treaty
St. Lucia Intergovernmental extradition treaty
St. Vincent and the Grenadines Intergovernmental extradition treaty
South Africa European Convention on Extradition
Sudan Delivery only on the basis of an intergovernmental agreement
Suriname No realizations
Swaziland Intergovernmental extradition treaty
Syria Delivery on a contractless basis
Tajikistan No extradition traffic
Taiwan No extradition traffic
Tanzania No realizations
Thailand Delivery on a contractless basis
Togo Delivery on a contractless basis
Tonga Intergovernmental extradition treaty
Trinidad and Tobago Intergovernmental extradition treaty
Chad Delivery on a contractless basis
Czech Republic Regulation in national law
Tunisia Intergovernmental extradition treaty
Turkey European Convention on Extradition
Turkmenistan No extradition traffic
Turks and Caicos Islands (UK) Intergovernmental extradition treaty
Tuvalu No realizations
Uganda Intergovernmental extradition treaty
Ukraine European Convention on Extradition
Hungary Regulation in national law
Uruguay Delivery on a contractless basis
Uzbekistan No extradition traffic
Vatican city No extradition traffic
Venezuela Delivery on a contractless basis
United Arab Emirates Delivery on a contractless basis
United States Intergovernmental extradition treaty
United Kingdom Regulation in national law
Vietnam No extradition traffic
People's Republic of China No extradition traffic
Belarus Delivery on a contractless basis
Central African Republic Delivery on a contractless basis

literature

Criminal law
  • Ulrich Häde: The extradition - legal institution between international law and fundamental rights . In: Der Staat , 36th Vol., 1997, pp. 1–26.
  • Gregor Haas: The extradition in France and Germany . Berlin Verlag, Berlin 2000, ISBN 3-87061-870-1 .

Web links

Commons : extradition  - collection of images, videos and audio files
  • Federal Office of Justice: Announcement of the extradition statistics for 2013 from January 14, 2015 ( BAnz AT 02.25.2015 B4 )

Individual evidence

  1. Federal Constitutional Court - decisions - extradition to states like India for the purpose of criminal prosecution despite widespread torture with völkerrec. In: bundesverfassungsgericht.de. June 24, 2003, accessed February 12, 2019 .
  2. Heiko Ahlbrecht, Klaus Michael Böhm: Internationales Criminal Law in Practice , CF Müller, ISBN 3-811-44352-6 , Rn. 730
  3. Art. 16. of December 2nd, 2000 and July 30th, 1993. In: Basic Law for the Federal Republic of Germany. lexetius, December 2, 2000, accessed July 10, 2019 .
  4. cf. BVerfG, decision of November 5, 2003 - 2 BvR 1506/03
  5. RIVAST Appendix II - Country Part. (No longer available online.) In: verwaltungsordnung-im-internet.de. Archived from the original on December 26, 2016 ; accessed on December 29, 2016 .