An arrest at a German airport is not only a distressing experience but also one that demands immediate and experienced legal representation. Whether triggered by a national or European Arrest Warrant or an Interpol Red Notice, facing the complexities of extradition law requires expert guidance to protect your rights effectively.
At Schlun & Elseven Rechtsanwälte, we are a multidisciplinary, full-service German law firm that provides specialist criminal law defence and extradition law services and an unwavering commitment to providing comprehensive legal support to individuals facing such circumstances. With a deep understanding of the nuances of German criminal law, our team of seasoned defence attorneys, including former public prosecutors, stands ready to offer you the advocacy and expertise needed to deal with the intricacies of your case.
At Schlun & Elseven Rechtsanwälte, we recognise the urgency and gravity of airport arrests. Our mission is to ensure that your rights are upheld and your legal interests vigorously defended from the moment you seek our assistance. Whether advising you on your rights, advocating for the removal of warrants or notices, or crafting a personalised defence strategy, we are dedicated to providing you with the highest level of legal representation tailored to your unique situation. In the following article, we delve deeper into the vital role of legal defence services in airport arrests, particularly focusing on matters about extradition law, shedding light on our approach, expertise, and unwavering commitment to serving our clients’ needs.
Please do not hesitate to contact us directly for specialised legal guidance.
Understanding Arrests at German Airports and Reasons for Arrest
Arrests at German airports can occur for various reasons, ranging from suspicions of criminal activity to the execution of national or international arrest warrants. Typical scenarios include individuals being apprehended for drug trafficking, smuggling contraband, or suspected involvement in terrorism-related activities. Additionally, individuals may be subject to arrest based on outstanding warrants issued by German authorities or other countries, often facilitated through the European Arrest Warrant system or Interpol Red Notices.
An arrest at a German airport can be based on
- a German arrest warrant,
- an entry ban,
- a European Arrest Warrant or
- an Interpol Notice, in particular the Interpol Red Notice and Diffusion.
Legal procedures surrounding airport arrests in Germany typically involve the immediate detention of the individual by airport security or law enforcement personnel. Following detention, the individual may be transferred to a police station for further questioning and processing. During this time, individuals must be aware of their rights and responsibilities under German law. Under German law, individuals detained at airports are entitled to certain rights, including the right to remain silent and legal representation. They also have the right to be informed of the reasons for their detention and the charges against them. Moreover, individuals can contact a lawyer and notify their embassy or consulate if they are foreign nationals.
However, it’s important to note that individuals detained at German airports also have responsibilities, such as cooperating with authorities within the boundaries of the law and refraining from obstructing the legal process.
German Arrest Warrant
A German arrest warrant can be issued against you even if you are abroad. With an arrest warrant, a distinction is made between an:
- remand warrant,
- a security arrest warrant,
- Enforcement warrant,
- arrest warrant and
- an arrest warrant for presentation.
For an arrest warrant to be issued, there must be an urgent suspicion of a criminal offence. One of the following grounds for arrest must exist:
- Escape,
- risk of flight,
- risk of collusion or
- risk of repetition.
In addition, the arrest must be proportionate to the alleged offence. If you are abroad, this is not a sufficient reason to assume a risk of flight. However, you will likely be asked to return to Germany. If you have assets or a residence permit in another country, this may be sufficient grounds for assuming a risk of flight.
Entry Bans
One common cause for airport arrests is the imposition of entry bans, which can extend to the entire Schengen Area. These bans, typically lasting two years but potentially longer, are regulated by § 11(1) German Residence Act (AufenthG). This section stipulates that foreigners expelled, removed, or deported may face entry or residence bans, preventing re-entry or stay in the federal territory of Germany. Violating such bans carries severe penalties, including hefty fines or imprisonment.
Legal issues concerning entry bans requires careful guidance, as they can be lifted or shortened with the right legal approach. Our team of German immigration lawyers provides expert advice and assistance in such matters. We strongly advise individuals facing entry ban issues to seek legal counsel before traveling to Germany to ensure compliance and mitigate risks.
If you find yourself arrested at a German airport for allegedly violating an entry ban, it is imperative to seek immediate legal advice to protect your rights and explore options for resolution.
Interpol Notices, Red Notice and Diffusion
Interpol Red Notices pose a significant risk of arrest at airports, significantly limiting the freedom of the individuals targeted. Upon crossing a border or entering a German airport, individuals face the immediate threat of arrest and subsequent extradition.
These notices, issued by the General Secretariat of Interpol at the request of member states, are entered into national police databases, enabling provisional arrest for extradition purposes. Despite the broad authority granted to member states to request Red Notices, individuals with legal expertise can challenge them. While Interpol does not thoroughly scrutinise these requests, it ensures compliance with its statutes, which prohibit using Red Notices for political, military, religious, or racial matters (as outlined in Article 3 of the Interpol Statutes).
Interpol Red Notices, while intended for legitimate law enforcement purposes, also carry the potential for misuse or abuse. In some cases, Interpol Red Notices have been exploited by governments for political persecution or to target individuals for reasons unrelated to criminal activity. This misuse underscores the importance of robust legal representation and the need for individuals to assert their rights effectively when facing such notices. Therefore, individuals confronted with Interpol Red Notices should seek knowledgeable legal counsel to challenge any wrongful accusations and ensure fair treatment under the law.
European Arrest Warrant
Arrests can also occur under the authority of a European Arrest Warrant (EAW), designed to streamline extradition processes within the European Union. Issued by a national judicial authority, an EAW can be authorized for offences carrying a minimum prison sentence of one year. These warrants are recorded in the Schengen Information System (SIS), facilitating cross-border police cooperation by alerting member states to wanted persons. Entries in the SIS prompt international searches, emphasizing the need for expert legal guidance. Our legal team provides comprehensive advice on matters pertaining to the EAW, SIS alerts, and procedures for cancelling SIS alerts, ensuring individuals receive adept representation and protection of their rights throughout the extradition process.
Arrest at a German Airport: Guidelines for Conduct
In the event of an arrest or detention at a German airport, maintaining composure and taking the appropriate actions are paramount. Here are some essential steps to follow:
- Remain Calm and Exercise Caution: Upon arrest or detention, it’s crucial to remain composed and refrain from making any statements to the authorities without legal representation. Any remarks made during this time can potentially be used against you, emphasising the importance of exercising your right to remain silent until you have consulted with a lawyer. Even seemingly innocuous comments or jests can inadvertently harm your case.
- Document the Incident: Take detailed notes or record in writing the sequence of events, including the actions taken by authorities and any measures implemented during your detention. These records will serve as valuable documentation when consulting with our legal team, aiding in formulating your defence strategy.
- Seek Immediate Legal Assistance: Promptly contact our criminal law team following your arrest or detention as soon as possible. It’s crucial to understand that engaging legal representation does not imply admission of guilt but rather serves to level the playing field and safeguard your rights against potential injustices. Our experienced lawyers specialise in providing comprehensive legal counsel tailored to the unique circumstances of airport arrests, particularly for non-German citizens.
- Exercise Caution During Interrogations: If approached for interrogation by the police or any other authority, refrain from providing statements until your lawyer is present. Follow any instructions provided by our legal team over the phone to ensure your rights are protected, whether you are still in custody or have been released.
By entrusting your case to our law firm, you gain access to extensive legal expertise and dedicated advocacy from our seasoned lawyers. We understand the complexities and challenges associated with airport arrests, especially for individuals from abroad. Our primary goal as criminal defence lawyers is to secure the best possible legal outcome for you, whether it involves acquittal, negotiating a favourable sentence, or reclaiming confiscated assets. Additionally, we explore avenues for compensation, such as reimbursement for incurred expenses due to missed flights or mistreatment by security personnel.
At our firm, your rights and interests are our top priority, and we are committed to providing unwavering support and legal guidance throughout every stage of your case.
The Role of Our Legal Defence Services
Immediate legal representation is crucial following an arrest at a German airport. At Schlun & Elseven Rechtsanwälte, we specialise in providing comprehensive legal assistance tailored to individuals facing such circumstances, especially foreign individuals who might not be aware of what is expected of them under German law. Our experienced team outlines the complexities of German criminal law, particularly in extradition cases, ensuring that clients receive timely guidance and advocacy from the outset.
At Schlun & Elseven Rechtsanwälte, we provide a swift response to challenges in tense airport situations, ensuring that individuals receive immediate assistance when they need it most. Our specialised support extends to foreign individuals, recognising the unique challenges they may face, including unfamiliarity with German criminal procedure, language barriers, and cultural differences. We offer compassionate support and expert legal representation throughout every stage of their case. We strive for fair and equitable resolutions through negotiation with relevant authorities, minimizing the impact of legal proceedings on clients’ lives. With our expertise and dedication, clients can trust us to provide the highest level of legal support and advocacy in airport arrest cases in Germany.
Being Arrested at a German Airport with Extradition Implications
Practice Group: German Criminal Law
Practice Group:
German Criminal Law
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