Transit
A transit in the criminal sense is when a foreigner from another state to a third country delivered is and will be affected in the course of delivery of the sovereign territory of another state. For example, State A will extradite a suspected criminal to State B for prosecution or enforcement; the plane that transports the offender lands in State C between. For State C, extradition from State A to State B is a transitory delivery.
Regulation in Germany
The transit of a German through the territory of the Federal Republic is fundamentally opposed to Article 16 (2) sentence 1 of the Basic Law . The limitation regulation of Article 16, Paragraph 2, Sentence 2 of the Basic Law also allows legal exceptions for transit deliveries (see, for example, below on § 83f Paragraph 3 IRG).
If there are no international agreements between Germany and the other countries involved, the situation of transit is regulated in Part Three (Sections 43 to 47) of the IRG (Law on International Mutual Legal Assistance in Criminal Matters) . Thereafter, through delivery is only permitted to a limited extent; for example, the act for which the transit is to take place must also be punishable in Germany (Section 43 (3) No. 1 IRG).
For the transit from a member state of the European Union to another member state, § 83f IRG applies . If a transit according to § 83f IRG concerns a German citizen, the restrictions of § 83f para. 3 IRG (and via § 83f para. 3 sentence 3 also § 80 para. 4 IRG ) must be taken into account.
Web links
- § 43 IRG at juris
- Council of Europe: European Convention on Extradition (1957) , Art. 21.
- Council of Europe: Convention on the Transfer of Sentenced Persons (1983) , Art. 16 ("Transit")
