2. Extradition Procedure
Extradition proceedings begin with the receipt of a written request for extradition from the requesting State to the requested State (so-called extradition request). The requesting State must conclusively claim that the person concerned has committed an extraditable offence. Evidence is not required at this early stage of the procedure.
The Federal Ministry of Justice and Consumer Protection are responsible for the processing. In practice, however, most of the powers have been transferred to the Land governments and subordinate authorities.
The further process step has two stages. A judicial admissibility procedure is followed by an official approval procedure.
At the first stage, in the judicial admissibility procedure, the Higher Regional Court decides on the admissibility of extradition (§§ 31, 32 IRG – Law on International Mutual Legal Assistance in Criminal Matters). The decision is binding and not subject to appeal.
In the subsequent licensing procedure, the second one examines the content of extradition at the ministry level. If extradition is refused, the request shall lapse. However, this shall not prevent the requesting State from making a new request.
If extradition is granted, the decision of the granting authority can be reviewed by the Higher Regional Court under certain conditions.
In order to prevent the persecuted person from evading extradition during the current proceedings, extradition custody can be ordered.
Once extradition has been authorised, the person pursued shall be handed over to the authorities of the requesting State. If necessary, imprisonment may be ordered in accordance with § 34 IRG to ensure that the transfer is carried out.