Any foreigner who has committed a punishable crime abroad can, in principle, be extradited, Section 2 (3) IRG.
German extradition law offers the persons affected by extradition orders many legal possibilities to challenge the decision. In cases where a foreign state, e.g., Russia, submits an extradition request to Germany and the German authorities take the person in question into custody, the person can consent to simplified extradition under Section 41 IRG or challenge the decision.
The offence in question must constitute a criminal offence in both the requesting and the requested state. In Germany, the crime would have to be punishable by a maximum of at least 1-year imprisonment, Section 2 IRG.
Political or personal motives and military breaches of duty do not constitute admissible grounds for extradition, Section 6 and 7 IRG. A well-founded suspicion that the person concerned will be treated adversely in the requesting state due to personal characteristics also leads to the inadmissibility of extradition, Section 6 (2) IRG.
According to the principle of speciality in Section 11 IRG, the person concerned will not be extradited if they are also to be punished for other offences they have committed before transfer.
Further extradition, transfer, or deportation to a third state always requires the consent of the requested state, Section 11 IRG.
If the extradition request or the judicial admissibility decision should raise doubts about whether the abovementioned conditions are guaranteed and complied with, our lawyers will take the appropriate legal steps and exhaust all possibilities to prevent unlawful extradition.
Although political or military motives may not always be apparent, our lawyers can uncover evidence and such motivations through comprehensive research and expert analysis of the individual circumstances and the available evidence, which can prevent inadmissible extradition.
Should the extradition order or the court decision breach German law, our team will relentlessly pursue this case. We will follow all avenues available when challenging an extradition order.