Can You Fly from Germany with an Open Warrant?

An open warrant can significantly impact international travel to and from Germany. Airlines and border control authorities are extremely vigilant in identifying individuals with open warrants. If an open warrant exists against you, airlines can readily deny you travel, and an arrest may occur at the airport. Travel security systems in Germany are frequently connected to law enforcement databases, which flag individuals with open warrants as wanted to prevent their free movement. Furthermore, it can be difficult to obtain a visa or entry permit for certain countries, as many nations have strict policies regarding the entry of individuals with pending legal proceedings.

To properly assess the impact an arrest warrant may have on air travel, it is necessary to differentiate according to the type of warrant. Additionally, it should be noted that security authorities, in some instances, are authorized under Section 8 in conjunction with Section 7(1) of the German Passport Act to confiscate an individual’s passport. This is particularly the case when there is a risk of flight, for example, during ongoing criminal investigations or before serving a sentence.

An arrest warrant is issued by a judge based on a strong suspicion of having committed a criminal offense (Section 112(1) of the German Code of Criminal Procedure) and is handed to the accused in written form. Additionally, one of the following grounds for detention must exist:

• Flight or concealment of the accused (Section 112(2) No. 1 StPO)
• Risk of flight (Section 112(2) No. 2 StPO)
• Risk of tampering with evidence (Section 112(2) No. 3 of the StPO)
• Serious criminal offenses (Section 112(3) of the StPO)
• Risk of reoffending (Section 112a(1) of the StPO)

Finally, the arrest warrant must be proportionate. This means that the detention and the associated burdens on the individual must not be disproportionate to the suspected offense and its circumstances (Section 113 of the StPO). Legal action can be taken against an arrest warrant both preventively, by requesting early access to case files to examine whether there is a risk of a warrant being issued, and retrospectively. If an arrest warrant has already been issued, a custody review or detention complaint may be possible.

The European Arrest Warrant (EAW) serves the joint prosecution of crime within the European Union. For this purpose, a simplified procedure has been created through which EU member states can request the arrest and surrender of individuals from one another. When an EAW is issued, all security authorities within the European Union are notified. The issuance of such an EAW is only possible if the offense in question constitutes a criminal offense in both countries, the decision to issue it was made without regard to political considerations, and the requesting country provides certain legal protection guarantees. However, European Arrest Warrants are not uncommonly issued unjustifiably by national judicial authorities. Challenging a European Arrest Warrant is a complex process that requires not only legal expertise but also specific experience in dealing with the relevant authorities.

Regarding the term “international arrest warrant,” it is essential to note that such a warrant does not exist in its own right. The term merely implies that a national arrest warrant is circulated internationally. This occurs through Interpol, an abbreviation for the “International Criminal Police Organization.” At Interpol, these national arrest warrants are then listed as “Red Notices” in international databases and simultaneously transmitted to the police authorities of all Interpol member states. However, it is essential to note in this context that Red Notices do not constitute actual arrest warrants, but instead requests for mutual legal assistance from another state. The decision whether to comply with such a request (i.e., whether a person is actually arrested) rests with national security authorities. Furthermore, the original publication of a Red Notice through Interpol is subject to the organization’s rules. A national arrest warrant must meet various requirements to be published through Interpol. This is intended to prevent states from misusing Interpol Red Notices, for example, to pursue and harass political opponents worldwide.

Nevertheless, within Interpol databases, national arrest warrants that actually violate Interpol’s rules are repeatedly published as Red Notices. This can cause significant problems for those affected and often leads, sooner or later, to an arrest – for example, at the airport. A particular difficulty for individuals sought by Interpol is that they may not be aware of whether a Red Notice exists. The so-called “Most Wanted List,” which can be found on Interpol’s website, is not exhaustive; absence from this list does not indicate that no request exists against an individual. Our extradition lawyers request information about existing Red Notices from Interpol on your behalf and support you with years of experience in removing Red Notices.

When a national arrest warrant from German law enforcement authorities, a European Arrest Warrant, or an Interpol Red Notice exists, arrest at the airport is highly likely. If you suspect or are aware that a warrant exists against you that is questionable in content or form, you should, in any case, attempt to challenge it legally in order to properly assess your situation and specifically prevent potential problems. The criminal defense lawyers at Schlun & Elseven are available to support you in criminal matters and defend your rights.