The European Union Extradition Regulations 2002

GERMANY

Article 7

Pursuant to Article 16(2) of the Basic Law, no German may be extradited from the Federal Republic of Germany to a foreign country; the Federal Republic of Germany must therefore refuse extradition of its nationals under any circumstances.

Article 11

The Federal Government declares that in the Federal Republic of Germany’s relations with all other Member States which have made the same declaration, consent for the purposes of Article 14(1)(a) of the European Convention on Extradition is presumed to have been given, unless it indicates otherwise when granting extradition in a particular case.

Article 13

For the purposes of Article 13(1), the central authorities will be the Federal Minister for Justice and the Justice Ministers and Senators of the Länder. However, where the documents referred to in Article 13(1) are received or transmitted by facsimile, the Federal Minister for Justice is to be regarded as the sole central authority.

Article 14

The Federal Government declares that in the Federal Republic of Germany’s relations with other Member States which have made the same declaration, requests for supplementary information pursuant to Article 13 of the European Convention on Extradition may be made directly to the competent judicial authorities or other competent authorities and answered by them directly. Where the Federal Republic of Germany is the requested Member State, the public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte] will be responsible for requesting and receiving supplementary information. Where Germany is the requesting Member State, the responsibility for requesting and transmitting supplementary information will lie with the head of the prosecution department [Generalbundesanwalt] at the Federal Supreme Court [Bundesgerichtshof], the public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte] and the public prosecutor’s offices at the District Courts [Landgerichte]. Requests for information should be made directly to the prosecuting authority dealing with the particular extradition case.

Article 18

In accordance with Article 18(4), the Federal Government declares that as far as it is concerned, the Convention will apply to the Federal Republic of Germany’s relations with Member States which have made the same declaration, 90 days after the date of deposit of the declaration.