International mutual legal assistance

1What is it about?

International mutual legal assistance in criminal matters means cooperation between states in extradition, enforcement and the obtaining of evidence. In Germany, the Act on International Mutual Legal Assistance in Criminal Matters (IRG) sets out the requirements. Within the European Union, the European arrest warrant facilitates the surrender of persons (§§ 78 ff. IRG).

Those affected often learn of an extradition request through an arrest, for example on entering the country, at the airport or through an Interpol search notice. The proceedings are formalised and conducted at short notice, so early defence is therefore decisive.

2Typical case scenarios

• Arrest on the basis of a European arrest warrant issued by another EU state.
• Extradition request from a state outside the EU.
• Listing by Interpol, for example as a “Red Notice”.
• Requests for evidence, questioning or enforcement of a sentence imposed abroad.
• Proceedings with a connection to Switzerland, where Swiss mutual legal assistance law applies.

3Frequently asked questions

4How the proceedings unfold

1. Request or listingReceipt of the request, where applicable arrest.
2. Appearance before the courtAnnouncement of the arrest, hearing by the court, decision on detention.
3. Admissibility proceedingsExamination by the Higher Regional Court after a hearing.
4. Approval and surrenderDecision of the approval authority, surrender to the requesting state.

5What requires particular attention

• If you know of a listing, travel only after taking advice.
• Keep documents relating to proceedings abroad safe and forward them to your defence lawyer.
• Deadlines in mutual legal assistance proceedings are short; react immediately.
• Questions concerning detention conditions in the requesting state should be documented early.

6How we defend you

We immediately examine the arrest warrant and the request for formal requirements, proportionality and obstacles to extradition. We apply for the suspension of extradition detention and compile arguments on human rights, detention conditions and rule-of-law guarantees.

Where necessary, we coordinate with defence lawyers in the requesting state, examine parallel proceedings within Germany and prepare submissions to the court and the approval authority. Because of our locations, we are also experienced in proceedings with a connection to Switzerland.