Enforcement of a foreign arrest warrant in Germany

When a foreign arrest warrant is to be executed in this country, we first attempt to prevent extradition through various legal assessments and means. In criminal proceedings arising from a foreign arrest warrant, the first step is to determine whether the person concerned must be extradited at all, or whether there are legal or other grounds preventing it. The aim is to avoid extradition – where legally possible.

If preventing extradition is not legally possible, there are still other options. In many cases, it can be arranged for extradition to take place only under certain conditions.

Particularly in the case of a custodial sentence, it is often possible to ensure that the sentence is served not abroad but entirely in Germany. This means that, although the person concerned is subject to the foreign proceedings, the sentence can be served in full in Germany. If the sentence is served in Germany, a two-thirds or even a half-sentence reduction, as well as open prison – depending on the specific case – may be possible.

There are several advantages for the defendant regarding the enforcement of the foreign arrest warrant in Germany. On the one hand, there are more stable prospects for the prisoner’s reintegration. Secondly, there are better visiting arrangements for family and other social contacts. Furthermore, German prison law applies, which may lead to opportunities for leniency. The costs for the remainder of the sentence may also be lower than in the country where the sentence was handed down.

Further information on the advantages of serving a prison sentence in Germany can be found in our blog post ‘Imprisoned abroad: Advantages of serving a prison sentence in Germany’.