Extradition (law)
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:
- The offense he is accused of must be punishable in both countries and must be determined on the spot.
- He must not face any form of torture or other inhumane treatment (although there must be a concrete and not a merely abstract risk).
- He must not face the death penalty ( Section 8 IRG ).
- 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 .
- There is no need for an extradition agreement to exist; Delivery is also possible on a contractless basis.
- 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 European arrest warrant was introduced , 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 allegation 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 | Intergovernmental extradition treaty |
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 |
Eswatini | 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 |
Austria
The extradition and transit of persons to another state for the purposes of criminal prosecution has been regulated in the Extradition and Legal Assistance Act (ARHG) since 1980 .
literature
- Criminal law
- Ulrich Häde: The extradition - legal institute 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
- Federal Office of Justice: Announcement of the extradition statistics for 2013 from January 14, 2015 ( BAnz AT 02.25.2015 B4 )
Individual evidence
- ↑ 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. Retrieved February 12, 2019 .
- ↑ Heiko Ahlbrecht, Klaus Michael Böhm: Internationales Criminal Law in Practice , CF Müller, ISBN 3-811-44352-6 , Rn. 730.
- ↑ Art. 16. dated 02/02/2000 and 07/30/1993. In: Basic Law for the Federal Republic of Germany. lexetius, December 2, 2000, accessed July 10, 2019 .
- ↑ see BVerfG, decision of November 5, 2003 - 2 BvR 1506/03
- ↑ RIVAST Appendix II - Country Part. (No longer available online.) In: verwaltungsordnung-im-internet.de. Archived from the original on December 26, 2016 ; Retrieved December 29, 2016 .