INTERNATIONAL EXTRADITION · EUROPE
Extradition from Germany to the United States.
Treaty Concerning Extradition (1978), 1986 Supplementary Treaty, and 2006 Second Supplementary Treaty controls the request. Germany generally does not extradite German nationals to non-EU states because Basic Law Article 16(2) allows statutory exceptions only for EU member states or international courts. The arrest clock and local review path decide what happens next.
THE SHORT ANSWER
In force No official standard duration. Complexity, constitutional litigation, asylum issues and assurances can materially extend proceedings.
Treaty Concerning Extradition (1978), 1986 Supplementary Treaty, and 2006 Second Supplementary Treaty
Effective: 1980-08-29; 1993-03-11; second supplement 2010-02-01
WHAT COUNSEL CHECKS FIRST
The active paper. The country. The clock.
THE RESPONSE ROOM
What has to be established first.
FIRST HOURS
Identify the legal basis for custody
Record the arresting authority, court, case number, custody location, interpreter need, and any hearing date. Ask for counsel before discussing the foreign accusation.
WHO DECIDES
The local record controls
The Federal Office of Justice/Foreign Office and state justice authorities handle incoming requests. A Higher Regional Court (Oberlandesgericht) decides admissibility; the competent executive authority then decides whether surrender will be granted.
THE CLOCK
Deadlines are event-specific
Available in urgency through diplomatic or direct justice-ministry channels. Article 16 terminates provisional arrest if the formal request and documents are not received within 40 days, but the requesting state may obtain an extension of up to 20 additional days; later extradition is not barred. No official standard duration. Complexity, constitutional litigation, asylum issues and assurances can materially extend proceedings.
DOCUMENT AUDIT
Build the file before the argument
Preserve the notice or warrant, charging papers, identity records, release terms, travel documents, medical records, and every dated communication. Do not alter or delete evidence.
FOR FAMILIES COORDINATING ACROSS BORDERS
Confirm the exact legal name, detention location, medication needs, next hearing, local lawyer, and one reliable contact channel. A consulate may assist with welfare and contact; it cannot cancel the local case.
02 · THE PROCESS
How the Germany process moves.
Judicial and executive stages
The Federal Office of Justice/Foreign Office and state justice authorities handle incoming requests. A Higher Regional Court (Oberlandesgericht) decides admissibility; the competent executive authority then decides whether surrender will be granted.
Appeal and review
There is ordinarily no conventional appeal from the Higher Regional Court's admissibility ruling, but renewed review and a constitutional complaint to the Federal Constitutional Court may be available; ECHR interim relief is exceptional.
03 · DEFENSES
The request still has to survive the record.
ISSUE
Treaty coverage
The charged conduct, punishment threshold, documents, and identity must fit the controlling treaty and local implementing law.
ISSUE
Dual criminality
Yes; the conduct must be criminal in both states and meet the treaty penalty threshold.
ISSUE
Political and protected offenses
Political and purely military offenses are excluded; specified terrorism/violent offenses are not treated as political. Modern treaty rules prevent a blanket fiscal-offense exception. Limitation and prior-jeopardy rules can apply.
ISSUE
Evidence and process
The request can be tested against the treaty standard, authentication requirements, limitation rules, and procedural guarantees that apply locally.
ISSUE
Human rights and punishment
Germany has no death penalty. Capital exposure normally requires binding assurances. Article 1 and 2 Basic Law, ECHR Articles 3 and 6, prison conditions, health and risk of irreducible life imprisonment may be raised, but are case-specific.
ISSUE
Specialty and assurances
Yes, subject to consent and the treaty's exceptions.
04 · PUBLIC EXAMPLES
Recent public extradition records.
These examples come from public government records and are not presented as Spodek Law Group matters or results.
Dominik Rydz
Michigan criminal sexual conduct and unlawful imprisonment
Romano Pisciotti
antitrust bid rigging and price fixing
Mohammed Al-Moayad and Mohammed Zayed
conspiracy to provide material support to al-Qaeda and Hamas
05 · THE CHARGES
What appears in the requests.
A Red Notice is not the extradition order.
A Red Notice asks police worldwide to locate and provisionally arrest a person, subject to each country's law. It is not an international arrest warrant, and it does not replace the treaty papers or the local extradition case.
The notice, the provisional-arrest request, and the surrender proceeding are separate records. Each can carry different defects, deadlines, and remedies.
07 · THIRD-COUNTRY RISK
Transit can expose a person to another country's arrest rules, immigration powers, or provisional request. This page gives no route or evasion advice. Review the actual warrant, notice, release conditions, and jurisdictions with counsel before travel.
08 · QUESTIONS
What families and targets ask first.
IMMEDIATE EXTRADITION QUESTIONS
It can. Border screening may expose a national warrant, INTERPOL data, immigration authority, or a provisional request under another country's law. This is not travel or evasion advice; the actual records and jurisdictions require review before travel.
AUTHORITIESwww.interpol.int
Release depends on Germany's current law, the arrest authority, flight-risk findings, and the stage of the request. No general website answer can predict it. Local counsel should address custody while U.S. counsel verifies the federal matter and request.
AUTHORITIESwww.justice.gov
Not automatically. Extradition, asylum, immigration removal, and non-refoulement are separate legal systems that may interact. The forum, protected status, alleged conduct, treaty, and current human-rights evidence determine which arguments are available.
AUTHORITIESwww.justice.gov
COUNTRY PROCEDURE
Yes. Treaty Concerning Extradition (1978), 1986 Supplementary Treaty, and 2006 Second Supplementary Treaty is in force; the stated effective date is 1980-08-29; 1993-03-11; second supplement 2010-02-01. Always verify treaty status with the U.S. State Department/Office of International Affairs for a live case.
AUTHORITIESwww.govinfo.govwww.govinfo.gov
Germany generally does not extradite German nationals to non-EU states because Basic Law Article 16(2) allows statutory exceptions only for EU member states or international courts. Non-Germans and dual nationals require fact-specific nationality analysis.
AUTHORITIESwww.govinfo.govwww.gesetze-im-internet.de
Yes; the conduct must be criminal in both states and meet the treaty penalty threshold.
AUTHORITIESwww.govinfo.govwww.congress.gov
Available in urgency through diplomatic or direct justice-ministry channels. Article 16 terminates provisional arrest if the formal request and documents are not received within 40 days, but the requesting state may obtain an extension of up to 20 additional days; later extradition is not barred.
AUTHORITIESwww.govinfo.govwww.justice.gov
The Federal Office of Justice/Foreign Office and state justice authorities handle incoming requests. A Higher Regional Court (Oberlandesgericht) decides admissibility; the competent executive authority then decides whether surrender will be granted.
AUTHORITIESwww.gesetze-im-internet.dewww.justice.gov
There is ordinarily no conventional appeal from the Higher Regional Court's admissibility ruling, but renewed review and a constitutional complaint to the Federal Constitutional Court may be available; ECHR interim relief is exceptional.
AUTHORITIESwww.gesetze-im-internet.de
Germany has no death penalty. Capital exposure normally requires binding assurances. Article 1 and 2 Basic Law, ECHR Articles 3 and 6, prison conditions, health and risk of irreducible life imprisonment may be raised, but are case-specific.
AUTHORITIESwww.govinfo.govwww.congress.gov
No. A Red Notice is a request to locate and provisionally arrest, not an international arrest warrant or a judicial finding of extraditability. Domestic law and the treaty still control arrest and surrender.
AUTHORITIESwww.interpol.int
Yes, subject to consent and the treaty's exceptions.
AUTHORITIESwww.govinfo.govwww.congress.gov
No official standard duration. Complexity, constitutional litigation, asylum issues and assurances can materially extend proceedings.
AUTHORITIESwww.justice.govwww.justice.gov
10 · SOURCES
Every material claim should have a file behind it.
11 · REGIONAL INDEX
Related country files.
WHO REVIEWS THE FIRST CALL
Start with the paper, the posture, and the first deadline.
Todd A. Spodek leads the firm's federal defense work. The team identifies the active U.S. matter, the country and custody posture, and where appropriately licensed local counsel is required. No webpage can replace review of the actual request.
Todd Spodek - biography and record →SECURE CONSULTATION REQUEST
Put the actual extradition record in front of counsel.
Tell us whether this is an inquiry, Red Notice, detention, hearing, or appeal. The intake team will identify conflicts and the right next step. Urgent custody and hearing matters should call.
212 300 5196 - urgent matters →