German citizens protected against extradition

23. October 2018

OLG Karlsruhe on the extradition of German nationals

Higher Regional Court (OLG) Karlsruhe emphasizes the protection of German citizens against extradition also within the EU (decision of 23.10.2018 - Ausl 301 AR 110/18). In any case, an obstacle to the granting of a permit pursuant to § 83 b (1) IRG should exist in the case of a German national if an investigation procedure should have been initiated or carried out by the public prosecutor's office against the persecuted person in Germany. Thus, the Karlsruhe Higher Regional Court is adhering to a case-law that has now lasted for more than ten years and focuses decisively on the social interests of the persecuted person to be protected. On the other hand, the Karlsruhe Higher Regional Court decided less than two weeks previously that the extradition of a German national is admissible if there is a relevant connection between the offence in question and the member state, if the requesting member state offers, after the imposition of a final custodial sentence, to return the prosecuted person to Germany at his request for enforcement of the sentence (Karlsruhe Higher Regional Court, decision of 10 October 2018 - Ausl 301 AR 131/18).

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