An arrest due to a foreign arrest warrant almost always catches those affected unprepared – at passport control, during a traffic stop, or early in the morning at their doorstep. From this moment, deadlines begin to run. Initial statements often cannot be retracted.
As an extradition law attorney, we immediately check whether the European arrest warrant, the extradition request, or the Interpol Red Notice withstands legal scrutiny. Stirnweiss | Brenner defends clients in extradition proceedings before the Higher Regional Courts, applies for the lifting or suspension of extradition detention, and takes action against Red Notices – from Stuttgart and Konstanz, nationwide and available 24/7.
Available 24/7
Call us, we’ll answer immediately. Even at night and on weekends.
Or request a callback, and a specialist attorney for criminal law will contact you.
Our professionalism and the professionalism of our criminal law attorneys are confirmed by authentic comments from our satisfied clients
Extradition proceedings have two stages: first, the Higher Regional Court (OLG) examines whether extradition is admissible; then the competent authority decides whether it will be carried out.
The legal basis is the Act on International Mutual Assistance in Criminal Matters (IRG), supplemented by treaties under international law and, within the EU, by the rules on the European Arrest Warrant. The Office of the Public Prosecutor General prepares the proceedings and files the applications with the OLG. After an arrest, it proceeds in the following order:
If the client is in extradition custody, the OLG reviews at least every two months whether the detention may continue. Execution can be suspended earlier against conditions, such as reporting requirements, surrender of the passport, or bail. This is exactly where we start with the first application.
The German court generally does not examine whether the allegation from abroad is true. The defense therefore concentrates on the question of whether extradition is admissible at all.
The decision of the Higher Regional Court on the admissibility of an extradition is final and not subject to appeal under the IRG. All objections must therefore be submitted before the court decides.
We examine every request for obstacles to extradition. These include:
The requesting state often relies on assurances, for example regarding detention conditions or return transfer. Whether these promises are resilient and verifiable is the decisive point of contention in many proceedings.
If the OLG has declared the extradition admissible, two main paths remain: an application for a new decision if new circumstances exist, and a constitutional complaint to the Federal Constitutional Court with an urgent application against the handover. Both paths have narrow requirements and must be taken before the handover.
The European Arrest Warrant obliges EU states to quickly hand over wanted persons. However, it leaves room for objections that must be raised early.
Fixed thresholds apply for the issuance:
The deadlines are tight. A decision on the handover should be made no later than 60 days after the arrest; in the case of consent to simplified handover, within ten days after this declaration. The alert usually runs via the Schengen Information System and is thus accessible during border and police checks throughout the Schengen area.
German nationals are only handed over for criminal prosecution if the requesting state guarantees return transfer after a conviction and the act has a significant connection to that state. For the enforcement of a sentence, the handover of Germans is only admissible with their consent.
Affected persons also have the right to appoint legal counsel in the issuing state. We therefore coordinate the defense with colleagues on-site so that the arrest warrant is also challenged where it was issued.
Your success is our top priority!
A Red Notice is a request by a state, circulated via Interpol, to arrest a person for the purpose of extradition. It is not an international arrest warrant, as each member state decides for itself how to respond to it.
For those affected, this makes little difference. Anyone subject to an alert must expect to be arrested at any border control in the 196 member states, often for years. In addition, there is the diffusion: a state asks other states directly to conduct a search.
Article 3 of the Interpol Constitution prohibits any activity of a political, military, religious, or racial character. Alerts against opposition figures violate this rule, as do alerts against journalists. The Interpol rules for Red Notices also exclude purely civil law disputes, such as those between business partners. Objections are decided by the independent Commission for the Control of INTERPOL’s Files (CCF).
This is how we proceed:
An application to the CCF does not require a prior arrest. Anyone who suspects an alert should have it clarified before their next trip abroad.
In the event of an arrest at the airport, it is decided within the first few hours whether detention will be ordered. The reason is almost always a hit during border control, as the border police compare travelers with national and international search databases, both upon entry and exit.
If you or a relative are affected:
The appearance before the local court judge takes place no later than the day after the arrest. If possible, we clarify by then whether the alert is still current, which state is pursuing the extradition, and what documents are available. With this knowledge, we prepare the objections and the application for suspension of detention.
Foreign defendants in German criminal proceedings have the same rights as Germans, including the right to an interpreter, to the translation of essential documents, and to the notification of their consulate.
Regarding the risk of detention, however, there is a noticeable difference. Without a permanent residence in Germany, courts quickly assume a risk of flight. A security deposit, reporting requirements, or an authorized representative for service of process can avert detention if the defense applies for them early and with sound justification. You can read more about this in our guide to pre-trial detention.
We ensure that instructions and interrogations take place in a language that our client understands. If an interpreter is missing or the translation is deficient, this calls into question the admissibility of statements. In the event of a conviction, we check whether the sentence can be served in the home country. Details on this can be found under criminal enforcement law.
In extradition law, German procedural law, European law, the European Convention on Human Rights, and the law of the requesting state are intertwined. Anyone who only knows one of these will overlook objections.
There is no specialist lawyer title for extradition law. What matters is how many extradition proceedings a defense attorney actually handles and whether they are familiar with the procedures at the Higher Regional Courts (OLG).
Added to this is the time pressure. The first few hours after an arrest often decide whether the client remains in custody, and the OLG’s subsequent decision on admissibility cannot be challenged with an ordinary legal remedy. Our specialist attorneys for criminal law therefore work from day one with access to the case files, clear applications, and, where necessary, with defense attorneys in the requesting state.
We will tell you what the chances are in your individual case after reviewing the documents. This assessment is honest, even if it turns out to be uncomfortable.
Are you looking for an extradition lawyer?
After an arrest on the basis of a foreign arrest warrant, deadlines start running immediately, and you must be brought before the Local Court no later than the next day. We take over the defense from the appearance before the Local Court, apply for access to the files, and prepare objections to extradition detention and extradition. Our specialist attorneys for criminal law represent clients nationwide before the Higher Regional Courts from our offices in Stuttgart and Konstanz. Family members can reach us via the emergency number 24/7.
Get answers to what matters to you
Not to states outside the EU—Article 16(2) of the Basic Law prohibits this. The Basic Law allows exceptions only for EU Member States and international courts. Within the EU, additional conditions apply: for prosecution, the requesting state must assure the return transfer to Germany; for enforcement of a sentence, the person concerned must consent.
Such a list is of little help to those affected, because Germany can extradite even without a treaty on the basis of the IRG. Many states handle it the same way. Anyone wanted via Interpol also risks arrest in any transit country. Have the notice clarified before you plan your travel around it.
Extradition detention secures the extradition proceedings and is ordered in writing by the Higher Regional Court if it assumes a risk of flight. The court reviews at least every two months whether it may continue. Enforcement can be suspended subject to conditions, such as reporting obligations, surrender of a passport, or the provision of security.
The European Arrest Warrant is a judicial decision that obliges EU states to surrender a person unless there is a ground for refusal. A Red Notice, by contrast, is a worldwide request for a wanted-person alert via Interpol. It does not oblige any state to arrest and can be deleted if it violates Interpol’s rules.
For a European Arrest Warrant, a decision should be made within 60 days of the arrest; if you consent to simplified surrender, within ten days of that declaration. Extraditions to states outside the EU have no fixed deadline and often drag on for months. That is why we apply early to have the arrest warrant suspended.
Not without consulting defense counsel, because consent is irrevocable and the formal admissibility proceedings before the Higher Regional Court are dispensed with. Objections to extradition are then no longer reviewed by a court. Consent can make sense if a swift surrender shortens the time in custody. You should weigh this up with an extradition lawyer.
Fees are agreed individually or billed under the German Lawyers’ Remuneration Act (RVG). The effort depends on whether detention has been ordered, which state is pursuing extradition, and whether a defense must also be conducted abroad in parallel. We set the amount in writing before the mandate begins.
Yes, we represent clients nationwide. The competent court is the Higher Regional Court for the district in which the person concerned was arrested—so, in the case of an arrest at the airport, the OLG with jurisdiction there. If needed, we coordinate with defense counsel in the requesting state.
