The act in question must constitute a punishable act in both states for extradition. It is irrelevant whether the act falls under the same concept and how it is punished in each case, cf. Article 2 I GG. However, in both states, the threatened maximum penalty must be at least one year of imprisonment. If extradition is to be exclusively for execution, at least six months of imprisonment must still be served.
If the requested state regards the respective extradition as political persecution, the extradition request must be rejected. Even if race-specific, religious or personal motives are suspected behind the extradition request, the person concerned will not be extradited. Even the severe suspicion that the person concerned is threatened with disadvantageous treatment due to such personal characteristics leads to the rejection of the extradition request, cf. Article 3 of the agreement.
Article 5 of the agreement allows the rejection of the extradition request at the discretion of the requested state. However, if the underlying offence appears too minor or the extradition appears unjust or inexpedient, the extradition may be refused.
According to Article 12 of the Convention, the extradition request must be made in writing and transmitted through diplomatic channels. In addition to the national arrest warrant and evidence of the identity of the person concerned, the relevant legal provisions of the requesting state must also be transmitted to the requested state.
In urgent cases, the person concerned may already be taken into provisional extradition custody in the requested state, Article 14 of the agreement.