A European arrest warrant is not an ordinary arrest warrant from a single state, but asimplified one Cross-border handover procedure within the EU. He serves to locate a wanted person in another EU member state arrest and for prosecution or for enforcement to be sentenced to imprisonment. is the legal basis Framework Decision 2002/584/JHA; practically the system applies since 1. January 2004and has the earlier ones, clearly slower extradition procedures within the EU largely replaced.

What is a European Arrest Warrant accurate?

The European arrest warrant is based on the principle of reciprocity Recognition of court decisions. To put it simply This means: If a judicial authority in an EU state issues one European arrest warrant, this can be done in another EU state be enforced. So it's not a political one extradition procedure, but rather a procedure between Judicial authorities. Decisions about the handover will be made generally taken by courts or other judicial authorities, not from the political level.

When Can a European Arrest Warrant be issued?

On European Arrest Warrant can be issued for criminal prosecution if the offense in the issuing state results in a prison sentence or custodial measure of at least 12 months Extremely threatened. He can enforcement be waived if a prison sentence or custodial measure of at least four months was imposed. The same thresholds can also be found in German Right upon extradition to an EU member state.

What does the court in Germany check – and what doesn’t?

For Particularly important to those affected is: the court in the executing state, So in Germany, for example, it doesn't decide whether you are guilty or not. This question belongs in that Criminal proceedings of the issuing state. It works in the handover process above all, whether the formal and legal requirements of the There is a European arrest warrant and whether an admissible or compelling reason for rejection applies. That's exactly why they are rash Statements on the matter in the handover process are often risky.

Like Does the process work quickly?

The European arrest warrant is designed for speed. After The EU rules and also German law should be discussed Delivery generally within 60 days of Arrestcan be decided. Is the person you are looking for correct? Handover, the decision must be made much more quickly; on A final decision is then generally made at the EU level within 10 days provided. The actual handover should then also take place as quickly as possible and regularly at the latest within another ten days after the final one decision.

Can handover be refused?

Yes — but only in limited exceptional cases. The EU rules state mandatory and optional reasons for rejection. It can definitely Handover can be ruled out if it is already due to the same act a legally binding decision has been made (ne bis in idem) if the Act falls under an amnesty in the executing state or if the person is not yet under the law of the executing state is of criminal age. Optional reasons for rejection can be found below among other things, a lack of double criminality outside of the 32 privileged offense categories, an ongoing Criminal proceedings in the executing state, statute of limitations or certain constellations of absentee judgments. Also German law provides for additional admissibility requirements and obstacles to approval.

Dual criminal liability is not always examined

On The important difference to classic extradition law is that for 32 categories of offenses there is no double criminality must be examined if the act in the issuing state is accompanied by a The maximum penalty is at least three years. At For other crimes, the surrender may be dependent on the fact that the Conduct is also punishable in the enforcing state. This can be done in can be an important point of defense in individual cases.

Which Does the person concerned have any rights?

Affected have clear results in the proceedings for a European arrest warrant Procedural Rights. This includes in particular the right to Information, the right to an interpreter and translator, the right to legal assistance as well as under the legal requirements for legal aid. The European Commission also expressly emphasizes that Those affected are allowed to have a lawyer in the executing state and can also appoint a lawyer in the issuing state. It is precisely this double defense that is often crucial in practice.

Why a lawyer in the issuing state is often just as important as in Germany

Many Those affected understandably initially concentrate on the Arrest and trial in Germany. But that often works too short. Because whether a European arrest warrant is revoked, is restricted or becomes effectively irrelevant, the decision is made often in the issuing state: for example through inspection of files, applications for a habeas corpus, the clarification of procedural errors or through the Question whether the arrest warrant can still be maintained must. That German law informs the person concerned immediately informed about the right to in the requesting Member State Appointing legal counsel shows how important this second one is Defense line is.

Applies the European arrest warrant also for German citizens?

Basically yes. Under the EU system, member states can transfer their own Citizens are no longer generally denied access. At the same time there it in German law for German citizens and in In certain cases also for those who are particularly anchored in Germany People additional protection mechanisms and special features. At EU level it is also provided that the enforcing state can demand guarantees so that a data subject can be subject to an imposed sentence Prison sentence later in the country of their nationality or of their habitual residence.