problem of double jeopardy

In a decision of August 2,2017, the Higher Regional Court of Cologne (6 AuslA 9/11 - 1) refused to extradite an American citizen to the United States for the execution of a 10-year prison sentence.

Our client had been sentenced to ten years' imprisonment by a US District Court in New York in 2008 for bribery and tax offences. But the convicted crimes had been committed predominantly in Germany, when our client was employed by the US army and he was also punished by the Munich District Court in 2009 with a prison sentence of two years, but the execution of which was suspended on probation.

In this constellation, the Cologne Higher Regional Court (6 AuslA 9/11 - 1) had to deal in detail with the prohibition of double punishment ("ne bis in idem"). But although the extradition proceedings took an extraordinarily long time, the Higher Regional Court did not reach a conclusion on the problem of double jeopardy because after several medical examinations of our client, the prosecutor himself applied for extradition to be declared inadmissible in view of the persecuted person's incapacity for imprisonment and travel.

The Higher Regional Court of Cologne (6 AuslA 9/11 - 1) confirmed the obstacle to extradition and is thus in line with previous decisions of the Higher Regional Court of Hamm and the Higher Regional Court of Stuttgart, according to which, due to an infringement of Art. 2.2 (2) sentence 1 of the Basic Law, extradition is inadmissible in the event of illness of the person being persecuted if there is a significant risk of death for him in the event of imprisonment for extradition.

 

 

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