Law on International Mutual Legal Assistance in Criminal Matters
| Basic data | |
|---|---|
| Title: | Law on International Mutual Legal Assistance in Criminal Matters |
| Abbreviation: | IRG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Criminal law |
| References : | 319-87 |
| Original version from: | December 23, 1982 ( BGBl. I p. 2071 ) |
| Entry into force on: | January 1, 1983 |
| New announcement from: | June 27, 1994 ( BGBl. I p. 1537 ) |
| Last change by: |
Art. 20 G of November 20, 2019 ( Federal Law Gazette I p. 1724, 1738 ) |
| Effective date of the last change: |
November 26, 2019 (Art. 29 G of November 20, 2019) |
| GESTA : | C044 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The law on international mutual legal assistance in criminal matters ( IRG ) comes into effect if no bilateral or international agreement has been concluded between Germany and the state concerned . The law regulates the extradition of nationals , which is linked to the conditions specified in the law (from §§ 2 to 42 IRG). It also regulates the transit of foreigners §§ 43 to 47 IRG and legal assistance §§ 48 to 58 IRG.
Other legal assistance is regulated in Sections 59 to 67 IRG; it is also referred to as minor legal assistance. This means any support from a foreign state in a criminal matter. In §§ 78 to 83i IRG it contains the rule for the implementation of the European arrest warrant in Germany.
The change of October 28, 2010 extends the collection of fines to the area of the European Union (implementation of the EU framework decision on the application of the principle of mutual recognition of fines and fines ). The corresponding provisions of the framework decision have been transformed into German law by amending or inserting Sections 86 to 87p IRG. However, the implementation is still controversial today; In particular, it is criticized that the high protection standards of the German criminal and administrative offense law can be circumvented in part by the EU framework decision.
literature
- Schomburg, Wolfgang / Lagodny, Otto / Gleß, Sabine / Hackner, Thomas: International legal assistance in criminal matters. International Cooperation in Criminal Matters. Commentary on the Law on International Mutual Legal Assistance in Criminal Matters (IRG), including the most important legal aid instruments for the entire German-speaking area, supplemented by legal aid tables and the most important texts also in English , 5th edition, Munich 2012, Verlag CH Beck, ISBN 978-3- 406-62659-3
- Burhoff, Detlef: Enforcement of Foreign Financial Sanctions , ZAP 2010, 530 (online)
- Karitzky, Holger / Wannek, Felicitas: The EU-wide enforcement of fines and fines , NJW 47/2010, 3393
- Krumm / Lempp / Trautmann: The new monetary sanctions law (EuGeldG). Hand commentary , 1st edition, Baden-Baden, Nomos-Verlag, ISBN 978-3-8329-5697-4
- Oskar Riedmeyer: The arm of the law reaches from abroad to Germany ... The enforcement of fines from EU member states in Germany. In: Anwaltsblatt 2011, issue 5 (PDF, 4 MB) , p. 384.
- Hackner / Schierholt: International mutual legal assistance in criminal matters. A guide for practice , 2nd edition 2012, Verlag CH Beck, ISBN 978-3-406-63158-0 .
Web links
- Text of the Law on International Mutual Legal Assistance in Criminal Matters
- Guidelines for dealing with foreign countries in criminal matters of December 19, 2012 (RiVASt) of the Federal Ministry of Justice (PDF file, 824 kB)
- RIVAST Appendix II - List of States and Other Territories, Parts of States and Dependencies
Individual evidence
- ↑ Act to implement the Council Framework Decision 2005/214 / JHA of February 24, 2005 on the application of the principle of mutual recognition of fines (Federal Law Gazette I 2010, p. 1408) (EuGeldG).
- ↑ Press release ( Memento of the original from December 20, 2010 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. of the BMJ of October 27, 2010 on the entry into force of the EuGeldG.
- ↑ See, for example, the discussion in the ZIS - Journal for International Criminal Law Doctrine; last review by Schünemann in ZIS 12/2010, 735 with further references (PDF; 861 kB)
