best defence at the origin of the search in Germany

Against an extradition to Germany, the prosecuted person can sometimes best defend himself in Germany. We have defended clients in Germany against extradition on behalf of colleagues from various countries, above all the USA and Europe, where there has been a request for extradition from Germany. If the German court cancels or suspends the national German arrest warrant against the prosecuted person, the extradition proceedings in the USA or in Europe are over for the time being.

Defence against extradition to Germany

Just recently, on our appeal, the Munich Regional Court suspended an arrest warrant issued by the Munich District Court in November 2022, thus preventing the extradition of our client from Romania. In other cases as well - in our practice a few times with extradition requests addressed to England - German arrest warrants sometimes go too far and are directed against persons who have nothing to do with the accusation - or are not even centrally involved in the facts - and are not on the run. This is when a defence in Germany is often most effective.

An appeal against a warrant for arrest in Germany is not bound by any time limit. The appeal is filed with the court that made the warrant for arrest. The court whose decision was challenged may quash the warrant for arrest if it considers the appeal to be well-founded (section 306 (2) of the Code of Criminal Procedure). Otherwise, the court must submit the appeal against a warrant for arrest to the appellate court immediately, at the latest after the expiry of three days. The court of appeal may also have individual supplementary investigations carried out on the basis of the appeal or carry them out itself.

Criminal defense against the European Public Prosecutor's Office

The defense against extradition to Germany was also successful in our most recent case against an arrest warrant requested by the European Public Prosecutor's Office in charge in Germany. This shows once again that the serious defence at the origin of the search in Germany makes sense.