The European Union Extradition Regulations 2002

GERMANY

The provisions of Article 14 of the European Convention on Extradition regarding the speciality rule will not apply if the person has consented to extradition and has expressly waived his entitlement to the speciality rule pursuant to Article 7 of this Convention.

Article 12

The decision to apply the second indent of Article 12(1) or Article 12(2) will be taken in the light of the stage reached in the individual extradition procedure.

Article 15

For the purposes of Articles 4, 5 and 10, the competent authorities will be the competent local public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte].For the purposes of Article 6, the competent authorities will be the competent local public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte] and the Local Courts [Amtsgerichte] with local jurisdiction. For the purposes of Article 7(1), the competent authorities will be the Local Courts [Amtsgerichte] with local jurisdiction. Where Germany is the requested Member State, the competent authorities for the purposes of Article 8 will be the competent local public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte]. Where Germany is the requesting Member State, they will be the public prosecutor’s offices with responsibility for the subject matter of the case or, in individual cases, the juvenile courts. For the purposes of Article 14, the competent authorities will be the public prosecutor’s offices at the Higher Regional Courts [Oberlandesgerichte]. Where transit is by land or sea, local jurisdiction is determined by the district in which the person in transit is likely to be transferred to Germany. In the event of transit by air, local jurisdiction lies with the public prosecutor’s offices at the Higher Regional Court [Oberlandesgericht] in whose area the first stop-over is to take place.

Article 16

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.