Advanced Search

Law on International Mutual Assistance in Criminal Matters

Original Language Title: Gesetz über die internationale Rechtshilfe in Strafsachen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on International Mutual Assistance in Criminal Matters (IRG)

Unofficial table of contents

IRG

Date of completion: 23.12.1982

Full quote:

" Law on International Mutual Assistance in Criminal Matters in the version of the Notice of 27 June 1994 (BGBl. 1537), as last amended by Article 163 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status: New by Bek. v. 27.6.1994 I 1537
Last amended by Art. 163 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1983 + + +) 

Unofficial table of contents

Content Summary

Part one
Scope

§ 1 Scope
Part two
Extradition to foreign countries

§ 2 Principle
§ 3 Extradition for persecution or enforcement
§ 4 Accessory delivery
§ 5 Reciprocity
§ 6 Political offences, political persecution
§ 7 Military offences
§ 8 Death penalty
§ 9 Competing jurisdictions
§ 9a Extradition and proceedings before international criminal tribunals
§ 10 Extradition documents
§ 11 Speciality
§ 12 Authorization of extradition
§ 13 Objective competence
§ 14 Local competence
§ 15 Extraditable
§ 16 Provisional extradition
§ 17 Extradition arrest warrant
§ 18 Measures to be taken
§ 19 Provisional arrest
§ 20 Announcement
Section 21 Procedures after seizure on the basis of an extradition arrest warrant
Section 22 Procedure after preliminary arrest
Section 23 Decision on the objections of the persecuted
§ 24 Removal of the extradition arrest warrant
Section 25 Suspension of the delivery of the extradition arrest warrant
Section 26 Liability Check
§ 27 Enforcement of detention
§ 28 Questioning of the persecuted
§ 29 Request for a decision on the admissibility of extradition
§ 30 Preparation of the decision
Section 31 Conduct of oral proceedings
Section 32 Decision on admissibility
§ 33 Re-decision on admissibility
Section 34 Detention for the execution of extradition
§ 35 Extension of the extradition authorisation
§ 36 Delivery
Section 37 Temporary delivery
§ 38 Publication of objects in the extradition procedure
§ 39 Seizure and search
§ 40 Beistand
Section 41 Simplified delivery
§ 42 Appeal of the Federal Court of Justice
Part Three
Through Delivery

Section 43 Admissibility of transit
Section 44 Responsibility
§ 45 Delivery Procedure
Section 46 Delivery on temporary delivery
§ 47 Unforeseen intermediate landing on air transport
Fourth part
Legal assistance through the enforcement of foreign findings

§ 48 Principle
§ 49 Additional requirements for admissibility
§ 50 Objective competence
Section 51 Local competence
Section 52 Preparation of the decision
Section 53 Beistand
§ 54 Conversion of foreign sanction
Section 54a Enforcement of long custodians of freedom
§ 55 Decision on enforceability
§ 56 Authorisation of legal assistance
Section 56a Compensation of the injured person
§ 56b Agreement on the recovery, issument and distribution of the assets under management
Section 57 Enforcement
Section 57a Costs of enforcement
Section 58 Enforcement of enforcement
Fifth Part
Other legal assistance

§ 59 Admissibility of legal assistance
§ 60 Legal assistance
Section 61 Court decision
Section 61a Data transmission without request
Section 61b Joint investigation teams
§ 61c Audio-visual interrogation
Section 62 Temporary transfer to foreign countries for a foreign procedure
§ 63 Temporary transfer from abroad for a foreign procedure
Section 64 Through the use of witnesses
Section 65 Enforcement for enforcement
Section 66 Publication of objects
Section 67 Seizure and search
§ 67a Legal assistance to international criminal tribunals, between-and over-state institutions
Sixth Part
Outbound Requests

Section 68 Return
Section 69 Temporary transfer from abroad for a German procedure
Section 70 Temporary transfer to foreign countries for a German procedure
Section 71 Enforcement of German findings abroad
Section 71a Agreement on the recovery, issument and distribution of the assets under management
Section 72 Conditions
Seventh Part
Common rules

Section 73 Border of legal assistance
Section 74 Responsibility of the Confederation
Section 74a International criminal tribunals, between-and superstate institutions
§ 75 Cost
Section 76 Reciprocity assurance
Section 77 Application of other procedural rules
§ 77a Electronic communications and file management
Section 77b Authorisation
Eighth Part
Delivery and transit traffic
with Member States of the European Union

Section 1
General rules

Section 78 Priority of Eighth Part
§ 79 Basic requirement for authorisation; preliminary ruling
Section 2
Delivery to a
Member State of the European Union

§ 80 Extradition of German nationals
§ 81 Extradition for persecution or enforcement
Section 82 Non-application of rules
Section 83 Additional requirements for admissibility
§ 83a Extradition documents
Section 83b Authorisations
Section 83c Deadlines
Section 83d Dismissal of the persecuted
§ 83e Questioning of the persecuted
Section 3
Delivery to a
Member State of the European Union

§ 83f Through Delivery
§ 83g Air transport
Section 4
Outbound Requests
to be delivered to a
Member State of the European Union

§ 83h Speciality
Section 83i Notification of deadline delays
Ninth Part
Enforcement aid with
Member States of the European Union

Section 1
Deprivation of liberty

Subsection 1
Enforcement of foreign
Findings in the Federal Republic of Germany

Section 84 Principle
Section 84a Conditions of admissibility
§ 84b Additional requirements for admissibility
§ 84c Documents
§ 84d Authorisations
§ 84e Provisional Authorisation Decision
§ 84f Judicial procedure
§ 84g Court decision
§ 84h Authorisation after judicial decision
§ 84i Speciality
§ 84j Enforcement of enforcement
§ 84k Supplementary provisions on enforcement
§ 84l Enforcement for enforcement
§ 84m Transfer procedures
§ 84n Passing through
Subsection 2
Enforcement
of German findings in a
other Member States of the European Union

§ 85 Provisional Authorisation Decision
Section 85a Judicial procedure
Section 85b Court decision at the request of the convicted person
Section 85c Court decision at the request of the executing authority
§ 85d Authorisation after judicial decision
§ 85e Domestic enforcement proceedings
§ 85f Safeguarding of further enforcement
Section 2
Monetary sanctions

Subsection 1
General rules

§ 86 Precedence
Subsection 2
Incoming requests

Section 87 Principle
§ 87a Enforcement documents
§ 87b Admissibility requirements
Section 87c Preparation of the decision on authorisation
§ 87d Basic obligation to approve
§ 87e Beistand
§ 87f Authorisation of enforcement
§ 87g Judicial procedure
§ 87h Court decision after objection
§ 87i Court decision at the request of the authorization authority; authorization
§ 87j Legal complaint
§ 87k Authorisation of the legal complaint
Section 87l Occupation of the Senate of the Higher Regional Courts
§ 87m Prohibition of double-tracking; communication to the Federal Central Register
§ 87n Enforcement
Subsection 3
Outbound Requests

§ 87o Principle
§ 87p Domestic enforcement proceedings
Section 3
Confiscation and decay

Section 88 Principle
§ 88a Conditions of admissibility
§ 88b Documents
§ 88c Grounds for refusal
§ 88d Procedure
§ 88e Enforcement
§ 88f Distribution of income
§ 89 Security measures
§ 90 Outbound Requests
Section 4
Best practices
and alternative sanctions

Subsection 1
Monitoring of foreign
Best practices and alternatives
Sanctions in the Federal Republic of Germany

§ 90a Principle
§ 90b Conditions of admissibility
§ 90c Additional requirements for admissibility
§ 90d Documents
§ 90e Authorisations
§ 90f Provisional Authorisation Decision
§ 90g Judicial procedure
§ 90h Court decision
§ 90i Authorisation after judicial decision
§ 90j Supplementary provisions on enforcement
§ 90k Monitoring of convicted person
Subsection 2
Monitoring of German
Best practices in a
other Member States of the European Union

§ 90l Authorisation of enforcement and supervision
§ 90m Court proceedings at the request of the convicted person
§ 90n Domestic enforcement proceedings
Section 5
Monitoring of measures
to avoid pre-trial detention

§ 90o Principle
§ 90p Conditions of admissibility
§ 90q Documents
§ 90r Authorisations
§ 90s Provisional Authorisation Decision
§ 90t Judicial procedure
§ 90u Judicial Admissibility Decision
§ 90v Authorisation after judicial decision
§ 90w Implementation of monitoring
§ 90x Renewed and amended measures
§ 90y Monitoring of surveillance
§ 90z Withdrawal of the monitoring levy
Tenth part
Other legal assistance with
Member States of the European Union

Section 1
General rules

Section 91 Tenth Part Priority
Section 2
Special forms of legal assistance

§ 92 Transmission of information, including personal data, to Member States of the European Union
§ 92a Content of the request
Section 92b Use of information, including personal data, transmitted in accordance with Framework Decision 2006 /960/JHA
§ 92c Data transmission without request
Section 93 Joint investigation teams
Section 94 Request for security, seizure and search
§ 95 Safety records
§ 96 Basic duty to approve security measures
Section 97 Request for evidence to be published
Eleventh Part
Final provisions

Section 98 Application reservation; reference date
§ 98a Transitional provision for requests based on an absence decision
§ 98b Transitional provision for the enforcement of custodians of freedom of movement
§ 99 Limitation of fundamental rights

Footnote

Content summary: IdF d. Art. 2 No. 1 G v. 17.7.2015 I 1332 mWv 25.7.2015 u. d. Art. 1 No. 1 (a) to (e) G v. 17.7.2015 I 1349 mWv 25.7.2015; incidentally (italic printing) updated in accordance with the changes identified in each of the regulations

Part one
Scope

Unofficial table of contents

§ 1 Scope

(1) Legal assistance with foreign countries in criminal matters is governed by this Act. (2) Criminal matters within the meaning of this Act are also proceedings for an act which, according to German law, are deemed to be (3) Regulations in agreements under international law, which may be punishable by a similar sanction under foreign law, provided that the court has the right to decide on the fixing of such a penalty. shall, in so far as they have become directly applicable national law, (4) Support for proceedings in criminal matters with a Member State of the European Union shall be governed by this Act.

Footnote

§ 1: Amendment by Art. 1 G v. 21.7.2004 I 1748 mWv 23.8.2004 nightly. BVerfGE v. 18.7.2005; the rule is therefore valid again in the version in force on 22.8.2004

Part two
Extradition to foreign countries

Unofficial table of contents

§ 2 Principle

(1) A foreigner who has been prosecuted or convicted in a foreign country for an act which is punishable there may, at the request of a competent authority, to prosecut or execute a person in charge of the (2) A foreigner who has been convicted in a foreign country for an act which is punishable there may be subject to another foreign state that has jurisdiction to enforce the sentence. , at the request of a competent authority of that State, for enforcement (3) Foreigners within the meaning of this Act are persons who are not Germans within the meaning of Article 116 (1) of the Basic Law. Unofficial table of contents

§ 3 Extradition of persecution or enforcement

(1) Delivery shall be admissible only if the act is also an illegal act in accordance with German law, which implements the facts of a criminal law, or if, in the event of a reasonable conversion of the facts, it also acts according to German law such a (2) The extradition to the persecution is only admissible if the act under German law is punishable by a maximum term of imprisonment of at least one year or if, in the case of a reasonable conversion of the facts under German law, it is threatened with imprisonment. of such a punishment would be threatened. (3) The extradition to enforcement is only permissible, if, because of the fact, the extradition to the persecution would be admissible and if a deprivation of freedom is to be carried out. It shall also be admissible only if it is to be expected that the deprivation of deprivation of freedom to be carried out or the sum of the penalty-free sanctions still to be carried out shall be at least four months. Unofficial table of contents

§ 4 Delivery of the accessory

If extradition is permitted, it shall be admissible for a further act, even if it is provided for in this case.
1.
the conditions set out in Section 3 (2) or (3) are not met;
2.
the requirements of § 2 or § 3 (1) are not available because the further act is only threatened with a sanction within the meaning of Section 1 (2).
Unofficial table of contents

§ 5 reciprocity

Extradition shall be permitted only if, on the basis of the assurances given by the requesting State, it can be expected that the latter would comply with a comparable German request. Unofficial table of contents

§ 6 Political offences, political persecution

(1) The extradition shall not be admissible on the grounds of a political act or on the grounds of one with such a related act. It shall be admissible if the persecuted person has been or has been persecuted for the complete or attempted genocide, murder or manslaughter or because of the involvement in it. (2) Delivery shall not be permitted if there are serious reasons for the It is assumed that, in the event of his extradition, the person being persecuted shall be prosecuted or punished for his or her race, religion, nationality, membership of a particular social group or political beliefs, or its situation would be made more difficult for one of those reasons. Unofficial table of contents

Section 7 Military offences

Extradition is not permitted because of an act which is exclusively in breach of military obligations. Unofficial table of contents

§ 8 Death Penalty

If the law of the requesting State is threatened with the death penalty, extradition shall be permitted only if the requesting State assures that the death penalty shall not be imposed or not enforced. Unofficial table of contents

§ 9 Concurritable jurisdiction

If the German jurisdiction is also well founded, the extradition shall not be permitted if:
1.
a court or authority within the scope of that law against the persecuted for the fact that a judgment or a decision with an appropriate legal effect has been issued, refusing to open the main proceedings (Section 204 of the Criminal Procedure Code), dismissed an application for the collection of the public action (Section 174 of the Criminal Procedure Code), set the procedure after the fulfilment of conditions and instructions (Section 153a of the Code of Criminal Procedure) or, in accordance with juvenile criminal law, from the prosecution, or the (§ § 45, 47 of the juvenile justice act), or
2.
the prosecution or enforcement is statute-barred under German law or is ruled out due to a German criminal law.
Unofficial table of contents

§ 9a Extradition and proceedings before international criminal courts

(1) Extradition shall not be permitted if an International Criminal Court established by a legal act binding the Federal Republic of Germany has a final criminal or criminal offence against the person who has been persecuted for the offence. A decision with appropriate legal effect has been issued or the criminal proceedings have ceased to be unquestionable and, in this case, the prosecution by other bodies shall be prohibited in this case. If the Court of Justice referred to in the first sentence is a criminal offence and does not yet have a decision within the meaning of the first sentence of the Court of Justice at the time the request for extradition is received, the decision on the admissibility of the Delivery returned. A temporary extradition (§ 37) shall be issued. (2) Request both a foreign State and a court of justice within the meaning of the first sentence of paragraph 1 for the surrender of the persecuted to the prosecution or enforcement (competing requests); and , the act of establishing the Court of Justice, or the legislation adopted in its implementation, shall contain provisions governing the treatment of a number of requests, the treatment of the requests shall be governed by those provisions. If neither the act of the establishment nor the legislation adopted in its implementation contain provisions on the treatment of competing requests, the act of establishment shall give precedence to the proceedings of the Court of Justice over the proceedings of the foreign State, shall be given priority to the request of the Court. Unofficial table of contents

§ 10 extradition documents

(1) Extradition shall be admissible only if, in fact, an arrest warrant, a document with a corresponding legal effect or a enforceable recognition of a deprivation of liberty of a competent authority of the requesting State and an order of imprisonment Presentation of the applicable statutory provisions have been submitted. Where a request for extradition is requested in order to prosecutable several acts, the document of a competent authority of the requesting State shall be sufficient, in respect of the further acts, instead of an arrest warrant or a document with a corresponding legal effect, from which: (2) If special circumstances of the case give rise to the examination as to whether the person being persecuted appears to be sufficiently suspicious of the act which he has been accused of, extradition shall also be permitted only if a person has received a A presentation of the facts from which the reasonable suspicion of the facts has been presented (3) The extradition for the execution of a sentence or any other sanction imposed in a third State shall be admissible only if:
1.
the enforceable knowledge of a deprivation of liberty and a document of the third State from which his agreement with the execution by the State which took over the execution of his or her execution is obtained,
2.
a document issued by a competent body of the State which has taken over the enforcement of the sentence or any other sanction in that State;
3.
a presentation of the applicable statutory provisions and
4.
in the case of paragraph 2, a presentation within the meaning of this provision
have been submitted. Unofficial table of contents

§ 11 Speciality

(1) The extradition shall be admissible only if it is guaranteed that the persecuted person
1.
in the requesting State, without any German consent, from any reason preceding its transfer, with the exception of the act which has been granted for extradition, shall be subject to a restriction of his or her personal freedom, or will be pursued through measures that cannot be taken in its absence,
2.
will not be passed on to a third state without German consent, will be transferred or be deported to a third country, and
3.
the requesting State may leave the requesting State after the final conclusion of the procedure which has been granted for its extradition.
(2) The binding of the requesting State to the speciality may be omitted only if:
1.
the German consent to the prosecution or the execution of a sentence or any other sanction in respect of a further act (§ 35) or for further delivery, transfer or deportation to another foreign state (§ 36) is granted ,
2.
the person being persecuted has not left the requesting State within one month of the final conclusion of the procedure which has been granted for his extradition, despite the fact that he had the right and the opportunity to do so, or
3.
the person who had been persecuted after he left the requesting State had returned there or had been transferred back from a third State. The right of the requesting State to hear the persecuted for the preparation of a request pursuant to § 35 shall remain unaffected.
(3) A conditional release without an order restricting the freedom of movement of the person being persecuted shall be the same as the final conclusion of the procedure laid down in paragraph 1 (3), second sentence, no. 2. Unofficial table of contents

§ 12 Approval of extradition

The extradition may only be granted, except in the case of § 41, if the court has declared it admissible. Unofficial table of contents

§ 13 Sachliche jurisdiction

(1) The court decisions shall, subject to § § 21, 22 and 39 (2), issue the Higher Regional Court. The decisions of the Higher Regional Court are indisputable. (2) The Public Prosecutor's Office at the Higher Regional Court prepares the decision on extradition and carries out the extradition granted. Unofficial table of contents

Section 14 Local competence

(1) The Oberlandesgericht (Oberlandesgericht) and the Public Prosecutor's Office (Oberlandesgericht) in the Higher Regional Court (Oberlandesgericht) in whose district the persecuted for the purpose of extradition are seized or, if a seizure does not take place, are first determined. (2) Persecuted persons who are to be extradited for participation in the same deed or in connection with the purpose of favouring, prosecute or hehlery, seized in the districts of various Oberlandesgericht for the purpose of extradition, or , the jurisdiction shall be determined by the Oberlandesgericht (Oberlandesgericht) or, as long as no Higher Regional Court is concerned, which public prosecutor's office was first referred to the case in the Higher Regional Court. (3) If the stay of the persecuted person is not known, the Federal Court of Justice shall determine the competent Oberlandesgericht. Unofficial table of contents

§ 15 extradition detention

(1) After the receipt of the extradition request, the extradition detention may be ordered against the persecuted person if:
1.
there is a risk that it will be withdrawn from the extradition procedure or the execution of extradition; or
2.
on the basis of certain facts, there is an urgent suspicion that the person being persecuted will make it more difficult to determine the truth in the foreign proceedings or in the extradition procedure.
(2) Paragraph 1 shall not apply if the extradition appears inadmissible from the outset. Unofficial table of contents

Section 16 Preliminary extradition detention

(1) The extradition detention may be arranged under the conditions of § 15 before the date of receipt of the extradition request, if:
1.
requested a competent body of the requesting State, or
2.
a foreigner of an act which may give rise to his extradition is, on the basis of certain facts, urgently suspicious.
(2) The extradition arrest warrant shall be lifted if the person who has been persecuted has been detained for a total of two months for the purpose of extradition since the day of the seizure or provisional arrest, without the request for extradition and the extradition documents in the case of the authority referred to in Article 74, or in the case of a body otherwise responsible for receiving the competent authority. If an extra-European country has requested an order of provisional extradition, the period shall be three months. (3) After receipt of the extradition request and the extradition documents, the Oberlandesgericht shall decide immediately on the duration of the detention. Unofficial table of contents

§ 17 extradition arrest warrant

(1) The provisional extradition detention and the delivery detention shall be ordered by written warrant (extradition arrest warrant) of the Oberlandesgericht. (2) In the extradition arrest warrant are to be found
1.
of the persecuted,
2.
the State to which the extradition may be considered in the circumstances of the case,
3.
the act of the persecuted act,
4.
the request or, in the case of section 16 (1) (2), the facts which show that the persecuted act, which may give rise to his extradition, is a matter of urgency, and
5.
the liability and the facts from which it arises.
Unofficial table of contents

Section 18 Fishing measures

If a request for extradition is present and if the stay of the person being persecuted is not known, the necessary measures may be taken to determine the stay and arrest the person who has been persecuted. There is no need for a separate request for the arrangement of individual search measures. The public prosecutor's office at the Higher Regional Court is responsible for the call for tenders for the arrest. The provisions of Section 9a of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 19 Preliminary arrest

If the conditions of an extradition arrest warrant are met, the Public Prosecutor's Office and the officers of the police service shall be entitled to arrest for provisional arrest. Under the conditions laid down in § 127 (1) sentence 1 of the Code of Criminal Procedure, everyone is entitled to provisional arrest. Unofficial table of contents

Section 20 Disclosure

(1) If the persecuted person is arrested, he shall be informed of the reason for the arrest. (2) If an extradition arrest warrant is present, he shall be immediately known to the persecuted person. The persecuted person shall receive a copy. Unofficial table of contents

Section 21 Procedure after seizure on the basis of an extradition arrest warrant

(1) If the persecuted person is seized on the basis of an extradition arrest warrant, he shall immediately, no later than the day after the seizure, be brought before the judge of the next local court. (2) The judge at the District Court shall hear the persecuted immediately after the performance, at the latest on the following day, on his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser (§ 40) and that he is free to comment on the act he has been accused of or to not testify to it. He then interrogated him whether, and if so, for what reasons, he would object to extradition, the extradition arrest warrant or the execution of his/her execution. In the case of Section 16 (1) (2), the hearing also extends to the subject-matter of the accusation; in the other cases, the information which the persecuted person makes of himself shall be included in the minutes. (3) that
1.
the term shall not be the person designated in the extradition arrest warrant,
2.
the extradition arrest warrant has been repealed; or
3.
is subject to the execution of the extradition arrest warrant,
(4) If the warrant for extradition is suspended or suspended, the judge orders the District Court to hold that the person persecuted until the decision of the Oberlandesgericht (Oberlandesgericht) is when
1.
the conditions of a new extradition warrant are available for the action, or
2.
Reasons for ordering the execution of the extradition arrest warrant.
The Public Prosecutor's Office at the Higher Regional Court immediately leads the decision of the Higher Regional Court. (5) The prosecution has to object to the extradition arrest warrant or to its enforcement other objections, which are not obvious shall be unfounded, or if the Judge in the District Court has reservations about the maintenance of the detention, he shall immediately inform the Public Prosecutor's Office at the Higher Regional Court and on the quickest path. The Public Prosecutor's Office at the Higher Regional Court immediately leads the decision of the Higher Regional Court. (6) When the person against extradition does not raise any objections, the judge in the District Court of the Court of Appeal exclaims the possibility of the prosecution. simplified extradition and its legal consequences (§ 41) and then takes its declaration on the protocol. (7) The judge's decision at the local court is unquestionable. The Public Prosecutor's Office at the Higher Regional Court may order the release of the persecuted person. Unofficial table of contents

Section 22 Procedure after preliminary arrest

(1) If the persecuted person is provisionally arrested, he shall immediately be brought before the judge of the next local court, no later than the day after the arrest. (2) The judge at the District Court shall immediately hear the persecuted person after the trial, no later than the next day, on his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser (§ 40) and that he is free to comment on the act he has been accused of or to not testify to it. He then asked him whether and, if so, on what grounds he would like to raise objections to extradition or his provisional arrest. Article 21 (2) sentence 4 applies accordingly. (3) In the hearing that the term is not the person to which the request or the facts referred to in Article 17 (2) No. 4 refer, the judge shall assign his/her office to the District Court. Release. Otherwise, the judge shall assign to the District Court that the person to be persecuted shall be held until the decision of the Higher Regional Court. Section 21 (4), second sentence, (6) and (7) shall apply accordingly. Unofficial table of contents

Section 23 Decision concerning the objections of the persecuted

The Oberlandesgericht (Oberlandesgericht) decides on objections from the person who has been persecuted against the extradition arrest warrant or against his or her execution. Unofficial table of contents

Section 24 Repeal of the extradition arrest warrant

(1) The extradition arrest warrant shall be terminated as soon as the conditions of the provisional extradition detention or the extradition detention are no longer available or the extradition is declared inadmissible. (2) The extradition arrest warrant is also If requested by the Public Prosecutor's Office at the Higher Regional Court. At the same time as the application, it is ordering the release of the persecuted person. Unofficial table of contents

Section 25 Suspension of the execution of the extradition arrest warrant

(1) The Oberlandesgericht (Oberlandesgericht) may suspend the execution of the extradition arrest warrant if less restrictive measures offer the assurance that the purpose of the provisional extradition detention or the extradition detention is also achieved by them. (2) § 116 Subsection 1 sentence 2, paragraph 4, § § 116a, 123 and 124 (1), subsection 2 sentence 1, para. 3 of the Code of Criminal Procedure as well as § 72 para. 1, 4 sentence 1 of the juvenile court law shall apply accordingly. Unofficial table of contents

§ 26 Detention Test

(1) If the persecuted person is in extradition, the Higher Regional Court shall decide on the continued duration of the persecution if the person persecuted since the day of the seizure, the provisional arrest or the final decision on the duration of the detention two months for the purpose of extradition in detention. The adhesion test is repeated in each case after two months. The Oberlandesgericht (Oberlandesgericht) may order that the detention test be carried out within a shorter period of time. (2) If the persecuted person is in provisional extradition or in a provisional residence in an educational home (§ 71 para. 2 of the German law). Juvenile justice Act), paragraph 1 shall apply mutatily. Unofficial table of contents

Section 27 Full-time detention

(1) For the execution of the provisional extradition detention, the detention and the detention on the basis of an order by the judge to the District Court, the provisions on the execution of pre-trial detention as well as § 119 of the Code of Criminal Procedure shall apply. (2) The Public Prosecutor's Office at the Higher Regional Court shall determine the institution in which the person persecuted is to be held. (3) The judicial decrees shall be the chairman of the competent Senate of the Higher Regional Court. Unofficial table of contents

Section 28 interrogation of the persecuted

(1) Upon receipt of the request for extradition, the Public Prosecutor's Office applies to the Higher Regional Court for the questioning of the persecuted person in the district court in whose district he is located. (2) The judge at the District Court shall hear the persecuted person his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser (§ 40) and that he is free to comment on the act he has been accused of or to not testify to it. He then asked him whether, and if so, on what grounds he would like to raise objections to extradition. The subject of the accusation is to be heard only if the public prosecutor's office requests this in the Higher Regional Court; in the other cases, the information provided by the person persecuted by himself shall be included in the minutes. (3) When the person against extradition does not receive any objections, the judge shall inform him at the District Court of the possibility of the simplified extradition and its legal consequences (§ 41) and shall then take his declaration on the protocol. Unofficial table of contents

Section 29 Request for a decision on the admissibility of extradition

(1) If the persecuted person does not agree with the simplified extradition (§ 41), the Public Prosecutor's Office shall apply to the Oberlandesgericht for the decision of the Oberlandesgericht as to whether the extradition is admissible. (2) The The Public Prosecutor's Office at the Higher Regional Court can also apply for the decision of the Higher Regional Court if the person who has been persecuted has agreed to the simplified extradition. Unofficial table of contents

Section 30 Preparation of the decision

(1) If the extradition documents for the assessment of the admissibility of extradition are not extradited, the Oberlandesgericht shall only decide if the requesting State has been given the opportunity to provide additional documents. A time limit can be set for their contribution. (2) The Higher Regional Court can hear the persecuted. It may collect other evidence of the admissibility of extradition. In the case of section 10 (2), the evidence of the admissibility of the extradition shall also cover whether the person being persecuted appears to be sufficiently suspicious of the act which he or she has been accused of. The type and extent of the taking of evidence shall be determined by the Oberlandesgericht (Oberlandesgericht) without being bound by any requests, waivings or previous decisions. (3) The Oberlandesgericht (Oberlandesgericht) can conduct an oral hearing. Unofficial table of contents

Section 31 Implementation of the oral proceedings

(1) From the place and the time of the oral proceedings, the Public Prosecutor's Office shall be notified to the Oberlandesgericht (Higher Regional Court), the persecuted person and his assistance (§ 40). In the case of oral proceedings, a representative of the public prosecutor's office must be present at the Higher Regional Court. (2) If the persecuted person is in detention, he shall be presented, unless he has renounced the presence in the trial, or the distance, sickness or other obstacles which cannot be removed from the performance are contrary to the performance. If the persecuted person is not presented for oral proceedings, then an adviser (§ 40) must exercise his rights in the trial. In this case, a lawyer is to be ordered as a counsel for the oral proceedings if he has not yet received any assistance. (3) If the persecuted person is at large, then the Higher Regional Court may order his personal appearance. If the duly charged persecutor does not appear and if his long-distance stay is not sufficiently apologised, the Higher Regional Court may order the presentation. (4) The parties present shall be heard at the oral proceedings. A protocol shall be recorded on the hearing. Unofficial table of contents

Section 32 Decision on admissibility

Reasons shall be given for the decision on the admissibility of extradition. He will be notified to the Public Prosecutor's Office at the Higher Regional Court, the persecuted person and his assistance (§ 40). The persecuted person shall receive a copy. Unofficial table of contents

Section 33 Redecision on admissibility

(1) In accordance with the decision of the Oberlandesgericht on the admissibility of extradition, circumstances which are appropriate for another decision on the admissibility to be justified are decided by the Oberlandesgericht (Oberlandesgericht) of its own motion, on request the public prosecutor's office at the Higher Regional Court or at the request of the person being persecuted again on the admissibility of extradition. (2) According to the decision of the Oberlandesgericht, circumstances become known which give a different decision on the admissibility to , the Higher Regional Court may again be able to use the (3) § 30 para. 2 and 3, § § 31, 32 shall apply accordingly. (4) The Higher Regional Court may order the postponing of the extradition. Unofficial table of contents

§ 34 Detention for the execution of extradition

(1) If the person persecuted after the authorization of extradition is at liberty and the execution of the extradition is not guaranteed in any other way, the Oberlandesgericht shall arrange for the detention to be carried out by written arrest warrant. the extradition, unless the execution of an existing extradition arrest warrant (§ 17) can be ordered. (2) The arrest warrant shall be issued
1.
of the persecuted,
2.
the decision by which the extradition has been granted, and
3.
the liability and the facts from which it arises.
(3) § § 18 to 20 and 23 to 27 shall apply accordingly. Unofficial table of contents

Section 35 Extension of the extradition permit

(1) If the extradition is carried out and requests the State to which the persecuted person has been extradited for a further act to consent to the prosecution or to the execution of a sentence or other sanction, the consent may be shall be granted if:
1.
it has been shown that the delivered opportunity had to be expressed in response to the request and that the Oberlandesgericht (Oberlandesgericht) ruled that extradition would be admissible on the basis of the act, or
2.
it has been established that the delivered to the minutes of a judge of the requesting State has agreed to the prosecution or to the execution of the sentence or other sanction, and because of the act the extradition would be admissible.
If a request for consent is sought, the document of a competent authority of the requesting State, from which the person persecuted to the person who has been persecuted, is sufficient instead of an arrest warrant or a document with a corresponding legal effect (Section 10 (1) sentence 1). (2) In the case of the proceedings, § 29 shall apply with the proviso that, to the place of consent of the persecuted person with the simplified extradition, his consent shall enter into force within the meaning of the first sentence of paragraph 1, sentence 1, second sentence, as well as § 30 (1), para. 2 sentence 2 to 4, para. 3, § 31 (1) and (4), § § 32, 33 (1) and (2) accordingly. The Oberlandesgericht (Oberlandesgericht), which was responsible for the decision on the admissibility of extradition in the extradition proceedings, is responsible for the court decision pursuant to the first sentence of paragraph 1, first sentence. Unofficial table of contents

§ 36 Further Delivery

(1) If the extradition is carried out and requests a competent authority of a foreign country for the act which has been granted the extradition, or for a further deed of consent for the transfer, for the transfer of the § 35 (1) sentence 1, para. 2 shall be deemed to have been delivered for the purpose of the execution of a sentence or any other sanction or for deportation, with the proviso that the extradition to the State to which the delivered goods are delivered shall be deemed to have been executed. (2) If the extradition is still in force, the , the consent may be given at a request of the kind referred to in paragraph 1, if, in fact, the extradition to the State to which the delivered goods are to be delivered or transferred would be admissible. § § 28 to 33 apply accordingly for the procedure. Unofficial table of contents

Section 37 Temporary extradition

(1) If the granted extradition is postponed, because criminal proceedings are conducted within the scope of this law against the persecuted or a custodial sentence or a detention order for the improvement and protection is to be carried out. , the person being persecuted may be temporarily extradited if a competent body of the requesting State is requested and assured to return it up to a specified date or upon request. (2) Persecuted can be dispensed with. (3) Where the procedure is based on the If extradition has been postponed, a term of imprisonment or a fine is imposed, the deprivation of liberty suffered in the requesting State until the return or the renunciation of the return shall be credited to it. If the extradition has been postponed because of the execution of a term of imprisonment against the person being persecuted, sentence 1 shall apply. (4) The body responsible for the offsetting referred to in paragraph 3 shall, after hearing the prosecutor's office, determine the position of the person responsible for the offsetting. Oberlandesgericht (Oberlandesgericht) the scale at its discretion. It may order that the offsetting shall not be wholly or partly subtlable if:
1.
the deprivation of liberty suffered in the requesting State has been credited, in whole or in part, to a sentence or other sanction imposed or to be carried out in that State; or
2.
the offsetting is not justified in view of the behaviour of the person being persecuted after the handover.
Unofficial table of contents

Section 38 Delivery of objects in the extradition procedure

(1) In connection with extradition, objects may be issued to the requesting State without special request,
1.
which can serve as evidence for the foreign process, or
2.
that the person who has been persecuted or a participant has obtained, by reason of the fact that he has been extradited, or as a payment for such goods.
(2) The publication shall be admissible only if it is ensured that the rights of third parties remain unaffected and objects issued subject to reservation shall be returned immediately upon request. (3) Under the conditions set out in paragraphs 1 and 2, it may be possible to: Objects shall be issued even if the extradition granted cannot be carried out for actual reasons. (4) On the admissibility of the issuance, the prosecution decides on objections, at the request of the prosecutor's office the Oberlandesgericht or at the request of the person who asserts that he or she would are violated by the handout in his rights, the Higher Regional Court. If the Oberlandesgericht declares the publication admissible, it may be the person who requested his decision to impose the costs of the State's treasury on the costs of the public. The publication may not be granted if the Higher Regional Court has declared it inadmissible. Unofficial table of contents

Section 39 Seizure of seizure and search

(1) Items which are eligible for publication to a foreign country can be seized or otherwise seized even before the date of delivery of the extradition request. For this purpose a search can also be made. (2) If no Higher Regional Court has yet to deal with the extradition proceedings, the seizure and search shall first be ordered by the district court, in whose district the (3) In the event of danger in default, the Public Prosecutor's Office and its investigators (Section 152 of the Judith Constitutional Law) shall be empowered to order the seizure and search. Unofficial table of contents

§ 40 Beistand

(1) The person persecuted may be in any position of the proceedings of an adviser. (2) A lawyer shall be appointed as a counsel to the persecuted who has not yet chosen a counsel, if:
1.
in the case of proceedings under Section 2 of the Eighth Part, in particular in the case of doubts as to whether the requirements of Sections 80 and 81 (4) are available, the difficulty of the legal situation in respect of property or legal status is a matter of difficulty;
2.
it can be seen that the persecuted person is not able to exercise his rights sufficiently, or
3.
the persecuted age is not yet eighteen years old.
(3) The provisions of the 11. Section of the I. Book of the Code of Criminal Procedure, with the exception of § § 140, 141 (1) to (3) and § 142 (2), apply accordingly.

Footnote

§ 40: Amendment by Art. 1 G v. 21.7.2004 I 1748 mWv 23.8.2004 nullible. BVerfGE v. 18.7.2005; the rule is therefore valid again in the version in force on 22.8.2004 Unofficial table of contents

Section 41 Simplified extradition

(1) The extradition of a person against which an extradition arrest warrant exists may, at the request of a competent authority of a foreign State, be extradited or provisional arrest for the purpose of extradition without the execution of the (2) In the case referred to in paragraph 1, compliance with the conditions laid down in paragraph 1 may be subject to the conditions laid down in the following: § 11 shall be waived if the persecuted person is responsible for judicial proceedings in accordance with the judicial procedure. (3) The agreement cannot be revoked. (4) At the request of the public prosecutor's office at the Higher Regional Court, the judge at the District Court is to inform the persecuted person of the possibility of the simplified Extradition and its legal consequences (paragraphs 1 to 3) and shall then take its declaration on the Protocol. The judge is responsible for the district court, in whose district the persecuted person is located. Unofficial table of contents

§ 42 Call to the Federal Court of Justice

(1) Does the Oberlandesgericht hold a decision of the Federal Court of Justice to clarify a legal matter of fundamental importance, or does it intend to take it from a decision of the Federal Court of Justice or a decision after the entry into force of this (2) The decision of the Federal Court of Justice of the Court of Justice of the Court of Justice of the European Court of Appeal (2) The decision of the Federal Court of Justice shall give rise to the decision of another Higher Regional Court on a legal matter in extradition matters. Federal Court of Justice is also obtained if the General Federal Prosecutor or the Prosecutor's office at the Higher Regional Court so requests clarification of a question of law. (3) The Federal Court of Justice gives the persecuted opportunity to submit their observations. The decision shall be taken without oral proceedings.

Part Three
Through Delivery

Unofficial table of contents

Section 43 Admissibility of transit

(1) A foreigner who has been prosecuted or convicted in a foreign country for an act which is punishable there may, at the request of a competent body of that State, for prosecution or enforcement of a (2) A foreigner who has been convicted in a foreign country for an act which is punishable by punishment may, on the other hand, be able to pay the Request by a competent authority of another foreign country to enforce enforcement , in order to execute a sentence or other sanction imposed for the purpose of the act, shall be passed through the scope of this Act. (3) The transit shall be permitted only if:
1.
the act on which the request is based is punishable under German law with a custodial sentence or is punishable by a reasonable conversion of the facts to imprisonment, and
2.
on the basis of the act underlying the request
a)
in the case referred to in paragraph 1, the first sentence of Article 10 (1), or
b)
in the case of paragraph 2, the provisions of Article 10 (3) (1) to (3)
shall have been submitted.
§ § 6 to 8 shall apply if the conditions set out in sentence 1 are met for at least one of the acts on which the request is based. (4) For the delivery, the following shall apply. Unofficial table of contents

Section 44 Jurisdiction

(1) The court decisions shall be issued by the Higher Regional Court. Section 13 (1) sentence 2, para. 2 applies accordingly. (2) Local authority is
1.
in the case of transit on land or sea, the Oberlandesgericht (Oberlandesgericht), in whose district the persecuted person is likely to be transferred to the scope of this Act,
2.
in the case of transit by air, the Oberlandesgericht (Oberlandesgericht), in whose district the first port of call is to take place.
(3) If a jurisdiction under paragraph 2 (2) is not justified, the Oberlandesgericht Frankfurt am Main shall be responsible. Unofficial table of contents

§ 45 Delivery procedures

(1) In the event that the transit is admissible, the person being persecuted shall be held in detention. (2) The detention shall be ordered by a written warrant (extradition arrest warrant) of the Higher Regional Court. § 17 (2), Section 30 (1) shall apply accordingly. (3) The transit shall only be granted if a warrant has been issued. (4) The delivery warrant shall be immediately after the person has been persecuted in the The scope of this law shall be disclosed. The person persecuted shall receive a copy. (5) If the delivery is not likely to be completed by the end of the day following the transfer, the person to be persecuted shall be immediately, no later than the day after his arrival in the The scope of this law, to be brought before the judge of the next local court. The judge at the District Court shall hear him of his personal circumstances, in particular on his nationality. He points out to him that he can use himself in any position of the proceedings of a supplement (§ 40) and that he is free to speak or not to testify to the act he has been accused of. He then interrogated him whether, and if so, for what reasons, he wanted to raise objections against the warrant or against the admissibility of the transit. If the persecuted objection, which is not manifestly unfounded, or if the judge in the District Court has concerns over the maintenance of the detention or against the admissibility of the transit, he shall inform the Public Prosecutor's Office accordingly. the Higher Regional Court immediately and in the quickest way. § § 24, 27, 33 (1), (2) and (4), § § 40 and 42 shall apply mutatis. § 26 (1), with the proviso that the period of two months shall be replaced by a period of one month. (7) The items taken over in the case of a transit may be issued without special request at the same time as the transfer of the persecuted person. Unofficial table of contents

§ 46 Delivery in case of temporary extradition

(1) If the transit has been granted, the person persecuted may, at the request of a competent authority of the requesting State, first of all to complete a temporary extradition and a subsequent return by the scope of the application. of this law. (2) In the case of paragraph 1, the delivery warrant shall also be extended to cover the further cases of transfer. Unofficial table of contents

Section 47 Unforeseen intermediate landing on air transport

(1) If a competent authority of a foreign country has announced that it will have a foreigner transported by the scope of this law for the purpose of delivery by air without an intermediate landing, it shall be informed that the provisions of this Act shall apply. In the case of an unforeseen intermediate landing, the notification shall be treated as a request for delivery. (2) The conditions set out in paragraph 1 shall be the subject of the notification. The public prosecutor's office and the officers of the police service are authorized to arrest the public. (3) The It shall be followed immediately, at the latest on the day following the arrest, to the judge of the next local court. The judge at the District Court shall hear him of his personal circumstances, in particular on his nationality. He points out that he is in any position to use the proceedings of an adviser (§ 40) and that he is free to comment on the act he has been accused of or to not testify to it. He then interrogated him whether, and if so, for what reasons, he would like to object to the transit or, on the other hand, that he would be detained. (4) If the testimonation that the lead man described in the announcement was not the case, then he would ask him to do so. If he is a person, the judge shall order his release at the District Court. Otherwise, the judge shall assign to the District Court that the person to be persecuted shall be held until the decision of the Higher Regional Court. § 21 (4) sentence 2, para. 7 applies accordingly. (5) The transit arrest warrant may be issued before the receipt of the documents listed in § 43 (3) sentence 1 no. 2. He shall be immediately informed of the persecuted person. The person persecuted shall receive a copy. (6) The transit arrest warrant shall be lifted if the person who has been persecuted has been detained for a total of 45 days for the purpose of delivery since the day of the provisional arrest without having received the delivery documents. . If an extra-European country has announced the carriage referred to in paragraph 1, the period shall be two months. (7) After receipt of the documents, the Public Prosecutor's Office shall apply to the Oberlandesgericht for the hearing of the person persecuted by the judge. of the district court in whose district the persecuted person is located. Section 45 (5) sentences 2 to 4 shall apply accordingly. The Public Prosecutor's Office then requests the Oberlandesgericht to decide whether the warrant is to be maintained. (8) The transit may only be granted if the Oberlandesgericht (Oberlandesgericht) is to be granted the right to receive the warrant. The delivery arrest warrant has been maintained.

Fourth part
Legal assistance through the enforcement of foreign findings

Unofficial table of contents

§ 48 Principle

Legal aid may be provided for proceedings in criminal matters by the execution of a sentence or other sanction which has been legally imposed in another country. The fourth part of this Act shall also apply to the execution of an order of decay or confiscation which has been taken by a court of a foreign State not competent for criminal matters, provided that the It is an act that is punishable by punishment. Unofficial table of contents

Section 49 Additional requirements for admissibility

(1) Enforcement shall be admissible only if:
1.
there is a complete and legally enforceable knowledge,
2.
the foreign knowledge has been obtained through a procedure which, in accordance with the European Convention of 4 November 1950 on the protection of human rights and fundamental freedoms, including its additional protocols, as far as it is applicable to the Federal Republic of Germany, Germany has entered into force,
3.
also in accordance with German law, notwithstanding any obstacles to the proceedings and, where appropriate, the appropriate conversion of the facts, on account of the fact which is based on the foreign knowledge,
a)
a penalty, a measure of improvement and security, or a fine could have been imposed, or
b)
in cases where an arrangement of the decay or confiscation is to be carried out, such an order, notwithstanding the provision of the second sentence of Article 73 (1) of the Criminal Code, could have been taken,
4.
no decision of the kind referred to in Article 9 (1) has been taken, unless in cases where an order of decay or confiscation is to be carried out, such an order could be self-employed in accordance with Section 76a of the Criminal Code shall be arranged, and
5.
enforcement shall not be statute-barred in accordance with German law or would be statute-barred in the event of a reasonable conversion of the facts; irrespective of that, the execution of an order of decay or confiscation shall be permissible if:
a)
does not apply to the act on which the order is based German criminal law, or
b)
such an arrangement, if necessary in the event of a reasonable conversion of the facts, could take place in accordance with Section 76a (2) (1) of the Penal Code.
(2) If a custodial sentence has been imposed in a foreign country and the convicted person is holding a sanction there, the execution shall also be admissible only if the convicted person is, in accordance with the provisions of the Protocol, of a protocol of a Judge of the foreign state or of a German professional consular officer authorised to assess the will of the Willenserdeclarations. The consent cannot be revoked. (3) By way of derogation from paragraph 1 (2), the enforcement of a custodial sentence imposed on a person of German nationality in a foreign country may be subject to the law of the person. Until 5, taking into account the interests of the convicted person, the convicted person may exceptionally be declared admissible if the person convicted has requested this. The request of the convicted person in accordance with the first sentence shall be the protocol of a judge or, if the convicted person is held abroad, the minutes of a German professional consular officer authorised to assess declarations of intent. Explain. The application cannot be withdrawn. The convicted person has previously been informed of the legal consequences of their application and of the fact that it cannot be withdrawn. If the conditions laid down in paragraph 1 (3) are not met, the maximum amount of conversion of the sanction referred to in paragraph 54 (1) shall be two years ' imprisonment. (4) The law applicable within the scope of this Act shall see penalties applicable to: the sanction of its kind imposed in the foreign country does not exist, the enforcement shall not be permitted. (5) Insofar as in the foreign order of the decay or confiscation a decision regarding the rights of third parties it shall be binding, unless:
a)
the third party has not been given sufficient opportunity to assert his or her rights, or
b)
the decision is incompatible with a civil decision within the scope of that law in the same case; or
c)
the decision relates to the rights of third parties in a property or property right in the territory of the Federal Republic of Germany; the rights of third parties also include prior notice.
(6) The withdrawal or suspension of a right, a prohibition and the loss of an ability shall extend to the scope of this Act if an international law approved by law in accordance with Article 59 (2) of the Basic Law The agreement provides for this. Unofficial table of contents

§ 50 Sachliche jurisdiction

The District Court decides on the enforceability of a foreign recognition. The public prosecutor's office in the district court is preparing the decision. Unofficial table of contents

Section 51 Local competence

(1) The local jurisdiction for the decision on the enforceability of a foreign recognition depends on the place of residence of the convicted person. (2) If the convicted person is not domicated within the scope of this law, he/she shall the jurisdiction shall be determined on the basis of their habitual residence, or, if such is not known, after their last residence, otherwise in the place where they are seized or, if a seizure is not carried out, first ascertained. In the case of the exclusive execution of an order for resettlement or confiscation or a fine or a fine, the Court of First Instance shall have jurisdiction in the district of which the subject-matter is situated, on which the decay or the Confiscation, or, where the decay or confiscation does not relate to a particular subject and in the case of the execution of fines and fines, the court in whose district the assets of the convicted person are located. If the assets of the convicted person are located in the districts of various regional courts, then the jurisdiction shall be determined by which district court or, as long as a district court is not yet concerned, which prosecutor's office at the district court first (3) As long as a competence cannot be established, the responsibility for the exercise is determined by the seat of the Federal Government. Unofficial table of contents

Section 52 Preparation of the decision

(1) If the submitted documents are not issued for the purpose of assessing the admissibility of enforcement, the court shall not decide until the foreign state has been given the opportunity to provide supplementary documents. (2) § 30 (1) sentence 2, subsection 2, sentence 2 and 4, para. 3, § 31 (1) and (4) shall apply accordingly. If the convicted person is within the scope of this law, Section 30 (2) sentence 1, section 31 (2) and (3) shall also apply. (3) The convicted person and third parties who, in the case of the execution of foreign orders of the decay, shall be subject to the law. or the confiscation of the circumstances of the case in respect of the subject-matter may, before the decision, be given the opportunity to express an opinion. Unofficial table of contents

§ 53 Beistand

(1) The convicted person and third parties who, in the case of the execution of foreign orders of decay or confiscation, could claim the circumstances of the case under the subject-matter may be in any position of the proceedings (2) The convicted person, who has not yet chosen a counsel, is to appoint a lawyer as a counsel, if:
1.
in view of the difficulty of the legal or legal situation, the participation of an advisory body appears,
2.
it is apparent that the convicted person is not able to exercise their rights sufficiently, or
3.
the convicted person is in detention outside the scope of this law and there are doubts as to whether or not it can sufficiently exercise their rights themselves.
(3) The provisions of the 11. Section of the I. Book of the Code of Criminal Procedure, with the exception of § § 140, 141 (1) to (3) and § 142 (2), apply accordingly. Unofficial table of contents

Section 54 Conversion of foreign sanction

(1) As far as the execution of the foreign recognition is admissible, it shall be declared enforceable. At the same time, the sanction imposed to this extent is to be converted into the sanction most appropriate to it in German law. For the level of the sanction to be determined, the foreign knowledge shall prevail; however, it shall not exceed the maximum level of sanction threatened for deed in the scope of this law. A maximum of two years of deprivation of liberty shall be replaced by a maximum of two years if the act is within the scope of this Act.
1.
is punishable by a maximum term of imprisonment of up to two years, or
2.
is threatened as an administrative offence with a fine, but the foreign sanction is to be converted into a free-withdrawing sanction according to the second sentence.
(2) In the case of the conversion of a fine or a fine, the amount of money calculated in foreign currency shall be converted into euro in accordance with the relevant price value at the time of the foreign recognition. (2a) Insofar as an arrangement of the decay or the confiscation relating to a particular subject, the declaration of enforceability shall refer to that object. Instead of the specific subject-matter, the declaration of enforceability may also refer to an amount of money corresponding to the value of the object, if:
1.
requested the foreign State, and
2.
the conditions set out in Section 76 of the Criminal Code shall be met in appropriate application.
Where the arrangement of the decay or confiscation is determined, paragraph 2 shall apply accordingly. (3) In the case of the conversion of a penalty imposed on a young person or an adolescent, the provisions of the (4) On the sanction to be determined, the part of the sentence which has already been enforced in a foreign state against the convicted person for the act, as well as in accordance with § 58, is to be charged. If the calculation of the decision on enforceability is not the case, or if the conditions for the calculation are then fulfilled, then the decision must be supplemented. Unofficial table of contents

Section 54a Enforcement of long custodians of freedom

(1) If the State of judgment has provided the condition that, from the transfer of a person with a German nationality, the deprivation of deprivation of freedom is still enforced in the Federal Republic of Germany for a certain period of time, the Court of First Instance, having regard to the interests of the convicted person, exceptionally
1.
by way of derogation from the third sentence of Article 54 (1), it shall also fix a sanction which exceeds the maximum level of the sanction threatened by this law in respect of the act; and
2.
the execution of the sentence of the custodial sentence in accordance with § 57 (2) enforceable in the Federal Republic of Germany shall be suspended only after the judgment of the State in which the judgment is given.
(2) A decision of the court referred to in paragraph 1 may be taken only if the convicted person has requested this. The request of the convicted person in accordance with the first sentence shall be the protocol of a judge or, if the convicted person is held abroad, the minutes of a German professional consular officer authorised to assess declarations of intent. Explain. The application cannot be withdrawn. The convicted person must first of all be advised of the legal consequences of her application and of the fact that he cannot be withdrawn. (3) After a decision of the court in accordance with § 54 (1) or § 54a (1), the judgment of the judgment of the judgment of the court of judgment has the condition , the Court of First Instance shall, on its own initiative or at the request of the Public Prosecutor's Office or at the request of the Public Prosecutor's Office, make the case for a period of time in the Federal Republic of Germany to be carried out in the Federal Republic of Germany from the transfer. Once again a decision has been taken in accordance with paragraph 1. Unofficial table of contents

Section 55 Decision on enforceability

(1) The Landgericht decides on the enforceability by decision. To the extent that the foreign knowledge is declared enforceable, the knowledge and the nature and amount of the sanction to be executed must be stated in the decision-making formula. (2) The Public Prosecutor's Office may oppose the decision of the Landgericht in the case of the Land court, the convicted person and third parties who have claimed rights in an object for the case of the execution of foreign orders of decay or confiscation shall lodge an immediate appeal. For the further procedure, § 42 shall apply. (3) The final decisions of the court are to be communicated to the Federal Central Register by sending a copy. This shall not apply in so far as the sanction imposed in the foreign knowledge has been converted into a fine or the final decision exclusively has an arrangement of the decay or confiscation. If the foreign knowledge is to be entered in the Federal Central Register, the decision on enforceability shall be recorded at the time of registration. § § 12 to 16 of the Federal Central Register Act shall apply accordingly. Unofficial table of contents

Section 56 Approval of legal assistance

(1) The legal assistance may only be granted if the foreign recognition has been declared enforceable. (2) The decision to grant legal assistance shall be notified to the Federal Central Register. § 55 (3) sentence 2 to 4 applies accordingly. (3) If the execution of a sentence of imprisonment is granted, the act may no longer be prosecuted under German law. (4) The authorization of the execution of an order of the decay or of the Confiscation is the legally binding order and decision within the meaning of § § 73, 74 of the Penal Code. Section 439 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 56a Compensation of the injured person

(1) If a foreign order of the offense is carried out domestily in the assets of the convicted person, the person responsible for the offence on which the foreign order is based shall be injured on application from the State Treasury. indemnified when
1.
a German or foreign court has issued a final decision against the convicted person on the right to compensation for damages, or if the latter is to pay the person injured by an enforceable title to the injured person ,
2.
the title is enforceable within the country,
3.
the injured person credibly claims that the enforcement order includes the compensation from the offence underlying the arrangement of the decay, and
4.
the injured person makes it credible that it cannot fully obtain their satisfaction through the execution of the title.
The compensation shall be payable against the assignment of the right to compensation for damages in the appropriate amount. (2) Compensation shall not be granted if the rights of the injured person continue in accordance with Section 73e (1) sentence 2 of the Criminal Code. (3) The The amount of the compensation is limited by the proceeds of the assets of the German state treasury, which are the result of the arrangement of the infestation in the country. If a number of injured people have submitted an application in accordance with paragraph 1, their compensation shall be determined in accordance with the order in which they have been submitted. If several applications are received on the same day and the proceeds are not sufficient for the compensation of these persons, they shall be reimburse in proportion to the amount of their claims for damages. (4) The application shall be addressed to the competent enforcement authority. It may be rejected if, six months after the end of enforcement, it has passed into the asset from which the compensation could be made. The executing authority may set reasonable time limits within which the injured person has to provide the necessary documents. (5) The legal route to the civil courts is opened against the decision of the executing authority. Unofficial table of contents

Section 56b Agreement on the recovery, publication and distribution of the assets under management

(1) The competent authority of the authorization may, for the individual case, agree with the competent authority of the foreign State an agreement on the recovery, publication and distribution of those arising out of the execution of an order of decay or of the (2) Agreements relating to objects within the meaning of § § 1 and 10 of the German Law on the Protection of German Cultural Heritage against Abmigration shall be subject to the following: Consent of the Federal Government Commissioner for Culture and the Media. If the consent is refused, § 16 (3) sentence 2 of the German Law on the Protection of German Cultural Heritage is to be applied accordingly. Unofficial table of contents

§ 57 Enforcement

(1) After the granting of legal assistance, the competent public prosecutor in accordance with § 50 sentence 2 carries out the execution of the execution of the law, in so far as the foreign state is in agreement with the execution of the execution. The jurisdiction for the enforcement of a sanction, which has been converted into a sanction admissible under the Juvenile Law, is governed by the provisions of the Juvenile Justice Act. (2) Enforcement of the Restes of a Freedom-withdrawing sanction can be suspended for parole. The provisions of the Criminal Code shall apply accordingly. If, in the case of a period of imprisonment, the period after which two thirds of the penalty is served, would be more than 15 years, Section 57a of the Penal Code, with the exception of the first sentence of the first sentence of paragraph 1, shall apply accordingly. (3) The decision in accordance with paragraph 2 and subsequent decisions relating to a penalty suspension, the court or tribunal competent pursuant to section 462a (1), first sentence and second sentence, of the Code of Criminal Procedure shall apply, or, in the case of non-compliance with that provision, , the court responsible for the decision in accordance with § 50. (4) The Enforcement of the converted sanction shall be governed by the rules applicable to a corresponding sanction imposed in the Federal Republic of Germany. (5) Enforcement of a sum of money shall be disregarded or restricted, if the convicted person submits a document which shows that the amount of the money has been enforced in another State or that the executing authority is otherwise known to the executing authority. (6) It must be seen from the execution of the judgment if a the competent authority of the foreign State shall inform the competent authorities that the conditions for the (7) A foreign order of the demise has been carried out and it is clear from the evidence that a person known by name against the convicted person has a deed from the act underlying the order. In the event of a claim for damages, the enforcement authority shall immediately inform the last known address of the rights under section 56a by means of a simple letter to the authority. This may be waited if the time limit referred to in Article 56a (4) sentence 2 has expired. Unofficial table of contents

§ 57a Costs of enforcement

The sentenced person shall bear the costs of enforcement. It shall also bear the necessary costs of its transfer, provided that the transfer can only be carried out with the consent of the person. The imposition of costs shall be subject to the imposition of an unbearable hardship in relation to the personal economic circumstances of the convicted person and their conditions of detention abroad. Unofficial table of contents

Section 58 Security of enforcement

(1) Where there is a complete and enforceable knowledge within the meaning of Section 49 (1) (1), or has a competent authority of the foreign State, indicating the infringement which led to the conviction, time and Where the convicted person is requested to carry out a description of the convicted person as detailed as possible, the place of detention may be ordered to secure the execution of a custodial sentence against the sentenced person, if: The reason for certain facts
1.
the grounds for suspecting that they are being withdrawn from the proceedings relating to enforceability or enforcement; or
2.
there is an urgent suspicion that, in the procedure on enforceability, it will make it more difficult to establish the truth in an unfair manner.
(2) The liability decision shall apply to the court in charge of the decision in accordance with Section 50. § § 17, 18, 20, 23 to 27 shall apply accordingly. The district court, to the office of the public prosecutor's office at the Higher Regional Court, will replace the Higher Regional Court in the district court. The appeal is admissible against the decisions of the Landgericht. (3) In the case of the execution of a fine, a fine or an order of decay or confiscation, or in case a competent body of the foreign state, stating the suspected person, the offence under which the criminal proceedings are conducted, and the time and place of their commission in such a case before the entry of the full and enforceable Recognition of a seizage measure according to § § 111b to 111d of the § 67 (1) shall apply mutatily to the Code of Criminal Procedure. In order to prepare a withdrawal or expiration decision in the foreign country, which can also refer to the value substitute, under the conditions of § 66 para. 2 no. 1 and 2 seizage measures according to § § 111b to 111d of the (4) The provisions of paragraphs 1 and 3 shall not apply if enforcement is inadmissible from the outset.

Fifth Part
Other legal assistance

Unofficial table of contents

Section 59 Admissibility of legal assistance

(1) Any other legal assistance may be provided in criminal matters at the request of a competent authority of a foreign State. (2) Legal assistance within the meaning of paragraph 1 shall be any assistance provided for a foreign procedure. in a criminal matter, whether the foreign proceedings are operated by a court or by a public authority and whether the legal assistance is to be carried out by a court or by a public authority. (3) Legal aid may only be provided if the conditions are met: the German courts or authorities could provide legal assistance to each other in appropriate cases. Unofficial table of contents

Section 60 Performance of legal assistance

Where the authority responsible for the authorisation of legal assistance provides the conditions for the performance of legal assistance, the competent authority responsible for the performance of the legal assistance shall be bound by it. § 61 shall remain unaffected. Unofficial table of contents

Section 61 Judicial decision

(1) If a court having jurisdiction over the performance of legal assistance does not provide the conditions for the performance of legal assistance, it shall state its opinion and shall seek the decision of the Oberlandesgericht. The Oberlandesgericht also decides, at the request of the Public Prosecutor's Office, at the Higher Regional Court or in the case of Section 66, at the request of the person claiming that he would be infringed by the publication in his rights, on whether the Conditions for the performance of legal assistance are given. § § 30, 31 (1), (3) and (4), § § 32, 33 (1), (2) and (4), § 38 (4) sentence 2, § 40 (1) and the provisions of the 11 are applicable to the proceedings before the Higher Regional Court. Section of the I. Book of the Code of Criminal Procedure with the exception of § § 140 to 143 accordingly. For the further procedure, § 42 applies. (2) The Oberlandesgericht (Oberlandesgericht) and the Public Prosecutor's Office (Oberlandesgericht) in the Higher Regional Court (Oberlandesgericht) in whose district the legal assistance is to be provided or have been provided shall be responsible for the local authority. If legal assistance has been or has been made in the districts of different Oberlandesgericht, the jurisdiction shall be determined by the Oberlandesgericht (Oberlandesgericht) or, as long as no Higher Regional Court has yet to be consulted, which (3) The decision of the Higher Regional Court is binding on the courts and authorities responsible for the performance of the legal assistance. (4) The legal aid must not be allowed to if the Oberlandesgericht (Oberlandesgericht) has decided that the conditions for the performance of legal assistance is not available. Unofficial table of contents

Section 61a Data transmission without request

(1) Without a request, courts and prosecutors shall transmit personal data from criminal proceedings to public authorities of other States, as well as between national and national authorities, to the extent that:
1.
a transmission would be admissible without a request to a German court or a German public prosecutor's office,
2.
Facts justifying the assumption that the transmission is necessary to:
a)
to prepare a request by the beneficiary State for legal assistance in a criminal prosecution or enforcement procedure for a criminal offence under the maximum sentence of more than five years in the scope of this Act and the conditions for providing legal assistance at the request if such a request were to be made, or
b)
to refuse, in individual cases, the existence or the security of the State or to the life or liberty of a person or for matters of significant value, the preservation of which is in the public interest, or a criminal offence to prevent the species referred to in point (a), and
3.
the body to which the data is transferred shall be responsible for the measure to be taken in accordance with paragraph 2.
Where an adequate level of data protection is guaranteed in the beneficiary State, the provisions of the first subparagraph of point 2 (a) shall be applied in such a way as to replace a criminal offence which is subject to the maximum term of imprisonment of more than one person within the scope of this Act (2) The transmission is to be linked to the condition that:
a)
to be complied with in accordance with German law, delete or fire test cases,
b)
the data transmitted may only be used for the purpose for which they have been transmitted; and
c)
in the case of information referred to in paragraph 4, the transmitted data shall be deleted or corrected without delay.
(3) In so far as the court or the public prosecutor's office is clear, the transmission shall not be subject to the protection of the legitimate interests of the individual, including the special public interest in the transmission of data. The persons concerned shall outweigh the exclusion of the transmission; the legitimate interests of the person concerned shall also include the existence of an adequate level of data protection in the recipient State. (4) It is found that personal data which are should not have been transmitted, or inaccurate personal data , the addressee shall be informed without delay. Unofficial table of contents

Section 61b Joint investigation teams

(1) If an international agreement provides for this, a joint investigation team may be formed. A member seconded from another State to a joint investigation team may, under the direction of the competent German member, carry out investigations, provided that this is approved by the sending State (2) Other persons may be allowed to participate in a joint investigation team in accordance with the legislation of the participating States or an agreement applicable between them. (3) The joint investigation team shall be entitled to participate in the joint investigation team. Investigators and civil servants involved in the investigation group may not , to the extent necessary for the activities of the Joint Investigation Group (4), to the extent necessary for the activities of the Joint Investigation Group (4) to provide information, including personal data, directly to its members or to other participating persons Transmission of the information obtained in accordance with paragraph 3 requires a special purpose-amending agreement, it shall be admissible if a request for the use of the information could be authorised. Unofficial table of contents

§ 61c Audiovisual interrogation

The imposition of costs or the setting of an order of order against a witness or expert who does not comply with a summons to be taken into account by a foreign judicial authority by means of the videoconference shall not be imposed. Unofficial table of contents

Section 62 Temporary transfer to foreign countries for a foreign procedure

(1) Anyone who is in investigation or criminal detention within the scope of this law or is accommodated on the basis of the order of a detention order of detention and security may, at the request of a foreign country, a competent body of that State shall be temporarily transferred, for a procedure pending there, as a witness to the hearing, to the juxtaposition or to the taking of an eye note, if:
1.
he has agreed to the minutes of a judge, in the form of a document,
2.
it is not to be expected that, as a result of the transfer, the deprivation of liberty will be extended or the purpose of the criminal proceedings will be affected,
3.
shall ensure that the person concerned shall not be punished during the period of his or her transfer, shall be subject to any other sanction or shall be prosecuted by means of measures which may not be taken in his absence, and that he shall, in the case of: of his release may leave the requesting State; and
4.
shall ensure that the person concerned shall be returned immediately after the evidence has been raised, unless it has been waived.
The consent (sentence 1 no. 1) cannot be revoked. (2) The public prosecutor's office at the Oberlandesgericht prepares the transfer and carries out the transfer. The public prosecutor's office is responsible at the Higher Regional Court, in whose district the deprivation of liberty is carried out. (3) The deprivation of liberty suffered in the requesting State shall be applied to the persons covered by this law. Deprivation of liberty. Section 37 (4) shall apply accordingly. Unofficial table of contents

Section 63 Temporary transfer from foreign countries for a foreign procedure

(1) Anyone who is in a foreign state in an investigation or criminal detention or who is accommodated on the basis of the order of a detention order may, at the request of a competent authority, be subject to proceedings pending there. State for a survey temporarily transferred to the scope of this law and transferred back after the evidence survey. In order to secure his remission, the person concerned shall be held in detention. (2) The detention shall be ordered by written warrant. In the arrest warrant,
1.
the person concerned,
2.
the request for evidence of evidence in the presence of the person concerned, and
3.
the cause of detention.
(3) The arrest warrant shall be made by the judge who is to carry out the legal assistance, or the judge at the district court in whose district the authority is established, which is to carry out the legal assistance. The decision shall be indisputable. (4) § § 27, 45 (4) and § 62 (2) sentence 1 shall apply accordingly. Unofficial table of contents

Section 64 Promotion of witnesses

(1) A foreigner who is in a state of investigation or punishment in a foreign state or who is accommodated on the basis of the order of a detention order may, at the request of a competent authority, act as a witness for questioning, (2) The person concerned shall be held in custody for the purpose of countering or taking an eye bill through the scope of this Act to a third State. (2) held. § § 27, 30 (1), § § 42, 44, 45 (3) and (4), § § 47, 63 (2) shall apply accordingly. Unofficial table of contents

Section 65 Transit for enforcement

For the transit of a foreigner for the execution of a sentence or other sanction from the State in which he has been convicted, by the scope of that law in a foreign country which has taken over the execution of the sentence; § 43 (2) to (4), § § 44, 45 and 47 shall apply accordingly, with the proviso that the request may also be made by a competent body of the judgment state. Unofficial table of contents

Section 66 publishing of objects

(1) Items may be issued at the request of a competent authority of a foreign State;
1.
which can serve as evidence of a foreign procedure,
2.
that the person concerned or a party has obtained for the deed or from the act of which the request is based,
3.
that the person concerned or a party has received, or has drawn or used as a benefit, by the sale of a acquired object or as a substitute for its destruction, damage or withdrawal, or, as a result of an acquired right, or
4.
which has been produced or has been used for the purpose of committing or having been used for the purpose of the request or for the purpose of the act.
(2) The publication shall be admissible only if:
1.
the act on which the request is based is also an illegal act in accordance with German law, which implements the facts of a criminal law or of a law permitting the payment of a fine, or in the event of a reasonable conversion of the law, which is the subject of a law or law. This would also be an act of this kind under German law,
2.
a seizure order shall be presented to a competent authority of the requesting State or from a declaration issued by such a body that the conditions of the seizure shall be met if the objects are to be found in the requesting State , and
3.
ensure that the rights of third parties remain unaffected and that items issued subject to reservation are returned immediately upon request.
(3) The publication in accordance with paragraph 1 (2) to (4) shall be admissible only as long as there is still no legally binding and enforceable foreign knowledge in respect of the subject matter. (4) The Public Prosecutor's Office in the District Court shall prepare the decision on the issue of the publication and shall carry out the approved publication. The public prosecutor's office is in charge of the district court, in whose district the objects are located. Section 61 (2) sentence 2 shall apply accordingly. Unofficial table of contents

Section 67 Seizure and search

(1) Items which are eligible for publication in a foreign country may be seized or otherwise seized even before the request for publication has been received. For this purpose a search may also be made. (2) Items may be confiscated or otherwise seized under the conditions of § 66 (1) (1), (2) No. 1 even if this is not the case for the purpose of obtaining a It is necessary to issue the objects in question. (3) The seizure and search shall be ordered by the district court in whose district the acts are to be carried out. § 61 (2) sentence 2 applies accordingly. (4) In the event of danger in default, the Public Prosecutor's Office and its investigators (Section 152 of the Judith Constitutional Law) shall be entitled to order the seizure and search. Unofficial table of contents

§ 67a Mutual assistance for international criminal courts, between-and superstate institutions

The provisions of the Fifth Part shall apply mutaly to the request of an International Criminal Court and other institutions of between-and superstate institutions for other mutual legal assistance in criminal matters. special legal requirements for a final regulation.

Sixth Part
Outbound Requests

Unofficial table of contents

Section 68 Return

(1) A persecuted person who has been temporarily extradited for a criminal proceedings brought against him in the scope of this law on a request under the condition of subsequent return delivery shall be sent to the requested State at the agreed time shall be returned, unless this does not apply to it. The public prosecutor's office, which is involved in the criminal proceedings referred to in the first sentence, is responsible for the arrangement and execution of the return delivery. (2) The detention may be ordered against the persecuted by a written arrest warrant, if the Return delivery would not otherwise be guaranteed. In the arrest warrant,
1.
of the persecuted,
2.
the State to which the return is to be effected, and
3.
the reasons justifying the port order.
(3) The Court of First Instance shall take the decision of the Court of First Instance, which shall have jurisdiction in the criminal proceedings referred to in the first sentence of paragraph 1 for the arrangement of measures to be taken by the custodians. The decision shall be indisputable. (4) § § 18, 19, 24, 25, 27 and 45 (4) shall apply accordingly. Unofficial table of contents

Section 69 Temporary transfer from abroad for a German procedure

(1) A person situated in a foreign country in an investigation or criminal detention order or subject to an order for a deprivation of freedom, who is a witness to a German court or a German authority upon request. has been temporarily transferred for questioning, for the purpose of countering or taking an eye view, is held in detention during her stay in the scope of this law in order to secure her remission. (2) The The Court of First Instance concerned with the matter shall take a decision on the matter of detention in the preparatory proceedings the judge at the District Court, in whose district the prosecutor's office is established. The decision is indisputable. (3) § § 27, 45 (4), § 62 (2) sentence 1, § 63 (2) apply accordingly. Unofficial table of contents

Section 70 Temporary transfer to foreign countries for a German procedure

Anyone who finds himself in the scope of this law in an investigation or criminal detention or who is accommodated on the basis of the order of a detention order of detention and security may be required to pay a reference to the scope of application of the law. This law shall be transferred to a foreign state if the conditions of § 62 (1) sentence 1, no. 1, 3 and 4 are fulfilled. The second sentence of section 62 (1), (2) and (3) applies accordingly. Unofficial table of contents

Section 71 Enforcement of German findings abroad

(1) Enforcement of a penalty or other sanction imposed on a foreign person under the scope of this law may be transferred to a foreign state if:
1.
the convicted person is domicated or habituated in the foreign country, or is not extradited, because a request for extradition is not made or rejected, or the extradition is not executable is, or
2.
the execution in the foreign country is in the interests of the convicted person or in the public interest.
The transfer of the convicted person may only be carried out for the purpose of executing a custodial sentence; § 6 (2), § 11 shall apply accordingly. (2) Enforcement of a person with German in the scope of this law against a person Nationality may not be transferred to a foreign state if it is in the public interest. In addition, the execution of a custodial sentence or other sanction imposed on a person with a German nationality may be transferred to a foreign country, if:
1.
the convicted person in the foreign country has or resides in his/her residence or habituated,
2.
the convicted person is not extradited because an extradition request is not made or rejected or the extradition is not executable, and
3.
the convicted person does not have any significant disadvantages outside the penalty for execution in the foreign country.
If the convicted person does not comply with the foreign state, the execution of a custodian sentence may also be transferred only if the convicted person is, in accordance with the provisions of the Protocol, of a judge or of a judge who is not in charge of the Assessment of WillenserClarifications authorised professional consular officers. The consent cannot be revoked. (3) Enforcement may only be transferred if it is guaranteed that the foreign state will comply with a withdrawal or a restriction of the transfer. (4) The execution of a Deprivation of freedom may only be transferred if the court has declared the execution in the foreign country admissible. The Oberlandesgericht (Oberlandesgericht) decides on the admissibility by decision. The local jurisdiction shall be determined on the basis of the seat of the court which imposed the penalty or other sanction to be enforced or, if the sentenced person is subject to a custodial sentence within the scope of that law, under section 462a (1) sentence 1 and 2 of the Code of Criminal Procedure. § 13 (1) sentence 2, paragraph 2, § 30 (2) sentence 2 and 4, paragraph 3, § 31 (1) and (4), § § 33, 52 (3), § 53 shall apply accordingly. If the convicted person is within the scope of this law, Section 30 (2), first sentence, § 31 (2) and (3) shall also apply. (5) The German enforcement authority shall be subject to enforcement if the foreign state is has taken over and carried out. It may continue to execute, as far as the foreign state has not brought it to an end. Unofficial table of contents

Section 71a Agreement on the recovery, publication and distribution of the assets under management

In the case of the execution of an order of decay or confiscation in a foreign country, Section 56b (1) shall apply accordingly. Unofficial table of contents

§ 72 Conditions

The conditions which the foreign state has made to the mutual legal assistance must be observed.

Seventh Part
Common rules

Unofficial table of contents

Section 73 Border of legal assistance

The performance of legal assistance as well as the transmission of data without a request shall be inadmissible if it would be contrary to fundamental principles of the German legal order. In the case of a request for the Eighth, Ninth and Tenth Part, the performance of legal assistance shall be inadmissible if the completion of the principles contained in Article 6 of the Treaty on European Union is contrary to the principles laid down in Article 6 of the Treaty. Unofficial table of contents

§ 74 Responsibility of the federal government

(1) The Federal Ministry of Justice and Consumer Protection shall, in agreement with the Federal Foreign Office and with others, decide on foreign mutual legal assistance requests and on the status of requests for legal assistance to foreign states. Federal ministries, whose business area is affected by legal assistance. If an authority is responsible for the performance of legal assistance, which belongs to the business unit of another Federal Ministry, it shall replace the Federal Ministry of Justice. The Federal Ministries responsible under sentences 1 and 2 may delegate the exercise of their powers to subordinate federal authorities. The Federal Office of Justice decides on requests for subsections 2 and 3 of Section 2 of the ninth section of this law. (2) The Federal Government may exercise the power to decide on foreign assistance requests and to to ask foreign countries to apply for legal assistance, by way of an agreement, to the national governments. The state governments have the right to further transfer. (3) The powers of the Federal Criminal Police Office for data transfer, tendering and identity determination on foreign requests are governed by § 14 (1) sentence 1 no. 2 and § 15 para. 1 to 3 of the Bundeskriminalamtgesetz. (4) As a request within the meaning of paragraphs 1 and 2, data transfers in accordance with § § 61a and 92c shall also apply. Data transfers in accordance with § 61a are excluded from the possibility of a transfer pursuant to paragraph 2 if they are not provided for in international agreements pursuant to Section 1 (3). Unofficial table of contents

Section 74a International Criminal Tribunals, between-and superstate institutions

For the decision on the request of an international criminal court and other entities between-and superstate institutions for other legal assistance in criminal matters, § 74 shall apply mutatily, unless special legal provisions are required. Rules for a final settlement. Unofficial table of contents

§ 75 Costs

The reimbursement of costs of legal assistance can be waived in relation to the foreign country. Unofficial table of contents

§ 76 Mutual protection

In connection with requests for legal assistance from Germany, a foreign country may be assured to carry out a request from it, provided that this law does not prevent it. Section 74 (1) shall apply accordingly. Unofficial table of contents

Section 77 Application of other procedural provisions

(1) Insofar as this law does not contain any special procedural provisions, the provisions of the Law of the Court of Justice and of its Introductory Act, the Criminal Procedure Code, the Juvenile Justice Act, the Tax Code and the Law on (2) In respect of the performance of legal assistance for a foreign procedure, the rules on immunity, indemnity and reservation of authorisation for searches and seizure in the premises of a Parliament shall apply. Application which applies to German criminal and fine-fine procedures.

Footnote

Section 77: Amendment by Art. 1 G v. 21.7.2004 I 1748 mWv 23.8.2004 nullible. BVerfGE v. 18.7.2005; the rule is therefore valid again in the version in force on 22.8.2004 Unofficial table of contents

§ 77a Electronic Communications and File Management

(1) If, in accordance with this Act, the submission of written documents, including originals or certified copies, is necessary for the performance of legal assistance, electronic documents may also be submitted, as far as this is done by: Legal regulation according to § 77b is permitted. The electronic documents shall be provided with a qualified electronic signature in accordance with the Signature Act and shall be suitable for processing by an authority or a court. The same shall apply to declarations, applications or justifications which are expressly to be written or signed in writing under this law. (2) The qualified electronic signature may be replaced by another safe procedure, which shall: ensure the authenticity and integrity of the electronic document transmitted. (3) An electronic document has been received as soon as the institution of the authority or court designated for the reception has recorded it. If a transmitted electronic document is not suitable for processing, the sender must be notified without delay, stating the current technical framework conditions. Insofar as the electronic file management referred to in paragraph 4 is not permitted, the electronic document shall be completed without delay. (4) The procedural documents may be carried out electronically, insofar as this is done by means of a legal regulation in accordance with § 77b is permitted. In order to replace the original document in an electronic document, documents and objects of the eye (original) which are submitted to the electronically-kept files and are suitable for a transfer shall be transferred to an electronic document to the extent that: Ordinance according to § 77b of nothing else is determined. The electronic document shall contain the words, when and by whom the original document has been transmitted. The documents shall be kept in such a way that they may be submitted within one week on request. (5) An electronic document produced in accordance with the second and third sentences of paragraph 4 shall be based on the procedure referred to in , where there is no reason to doubt the conformity of the original document. (6) In addition to the words referred to in paragraph 4, the electronic document produced in accordance with paragraph 1 shall contain a qualified electronic signature the endorsement of
1.
that the reproduction on the screen corresponds to the original in terms of content and images, and
2.
whether the original copy has been in the form of an original or a transcript,
the original document may already be destroyed before the end of the procedure. Procedural declarations of the person concerned and of third parties as well as simple copies attached to them can be destroyed under the conditions set out in sentence 1. (7) § § 110c to 110e of the Law on Administrative Offences shall apply mutagenically. Unofficial table of contents

Section 77b Regulation authorisation

The Federal Ministry of Justice and the Federal Ministry of Consumer Protection and the State Governments determine their area by means of a regulation of the law,
1.
the date from which electronic documents may be submitted in accordance with Article 77a (1),
2.
the signature requirements necessary for the transmission of the electronic documents in accordance with Article 77a (2) and the form necessary for the processing,
3.
the date from which the documents referred to in Article 77a (4) are to be carried out electronically or may be carried out,
4.
the organisational and technical framework conditions for the formation, management and storage of the electronically-controlled files, including the exceptions to the replacement of the original document in accordance with Section 77a (4),
5.
the documents which, by way of derogation from Article 77a (6), must continue to be kept.
The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. The authorisation of electronic transmission in accordance with Article 77a (1) may be restricted to individual courts and authorities and to individual procedures. The electronic file management in accordance with Section 77a (4) may be restricted to the proceedings of individual authorities or to procedural sections.

Eighth Part
Extradition and transit services with Member States of the European Union

Section 1
General rules

Unofficial table of contents

Section 78 Priority of the Eighth Part

(1) As far as this part does not contain any special provisions, the other provisions of this Act shall apply to the extradition and transit traffic with the Member States of the European Union. (2) This part is based on the provisions of section 1 (3) of this Act. , in so far as it contains final arrangements. Unofficial table of contents

Section 79 Basic obligation to grant; preliminary ruling

(1) Permitted requests from a Member State for extradition or delivery can only be refused if this is provided for in this part. The negative decision of consent must be justified. (2) Before the decision of admissibility of the Oberlandesgericht (Oberlandesgericht), the authority responsible for the authorization shall decide whether it intends to invoke the obstacles to authorization in accordance with Section 83b. Reasons shall be given for the decision not to assert any obstacles to the granting of consent. It shall be subject to review by the Oberlandesgericht in the proceedings according to § 29; the parties concerned shall be heard. In the case of the instruction in accordance with Section 41 (4), the persecuted person must also point out that, in the case of simplified extradition, a judicial review in accordance with sentence 3 does not take place. (3) Lead after the decision referred to in the first sentence of paragraph 2, or In circumstances which have become known and which are liable to invoke authorisations of consent, not to refuse authorization, the decision not to invoke any obstacles to authorization shall be subject to review in the proceedings according to § 33.

Section 2
Extradition to a Member State of the European Union

Unofficial table of contents

Section 80 Extradition of German nationals

(1) The extradition of a German for the purpose of prosecution shall be admissible only if:
1.
, it is ensured that the requesting Member State will offer, after the imposition of a final custodial sentence or other sanction, that the person being persecuted shall, at his request, be transferred back to the scope of this Act; and
2.
the act has a relevant reference to the requesting Member State.
Whereas, as a general rule, a relevant reference to the requesting Member State is to be found when the act of handling has been carried out in full or in substantial part on its territory and where the success of the act has occurred at least in substantial parts; (2) If the conditions set out in the first sentence of the first sentence of paragraph 1 do not exist, the extradition shall not be subject to the conditions laid down in paragraph 1, first sentence, of a German for the purpose of prosecution only if:
1.
the conditions laid down in the first sentence of paragraph 1 of this paragraph are met and the act
2.
is not relevant to the domestic market, and
3.
is also under German law an illegal act which materializes the facts of a criminal law or if the facts are to be changed in accordance with German law would be such a deed, and in the case of a concrete consideration of the opposing parties Interests do not outweigh the legitimate trust of the persecuted person in his non-delivery.
As a general rule, there is a significant reference to the fact that the act has been carried out in full or in substantial parts within the scope of this Act, and if the success has occurred at least in substantial parts of the law. In particular, the assessment shall include the charge, the practical requirements and possibilities of effective prosecution and the interests of the person being persecuted, taking into account the fundamental rights of the person concerned with the creation of a The European judicial area must be weighted and put in proportion to each other. If, because of the act which is the subject of the request for extradition, a decision by a public prosecutor's office or a court to discontinue or not to initiate a German criminal proceedings, that decision and its (3) The extradition of a German for the purpose of the execution of the sentence is only admissible if the person persecuted by the court or the person concerned is entitled to the right to in accordance with the provisions of the judicial protocol. Section 41 (3) and (4) shall apply accordingly. (4) (omitted) Unofficial table of contents

§ 81 Extradition of persecution or enforcement

§ 3 shall apply with the measures
1.
the extradition to the persecution shall be admissible only if, under the law of the requesting Member State, the offence is punishable by a custodial sentence or other sanction of at least 12 months ' maximum,
2.
the extradition to be enforced shall be admissible only if, under the law of the requesting Member State, a custodial penalty is to be carried out, the measure of which shall be at least four months,
3.
the extradition in tax, customs and monetary affairs is also admissible if German law does not impose similar taxes or does not contain similar tax, customs and monetary provisions as the right of the requesting party Member State,
4.
the double criminality is not to be considered if the act on which the request is based is in accordance with the law of the requesting State with a penalty of at least three years ' deprivation of freedom and which is referred to in Article 2 (2) (b) 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States (OJ L 201, 31.7.2002, p. OJ No L 190, 18. 7. 1), as set out in Framework Decision 2009 /299/JHA (OJ L 327, 30.4.2009, p. 24) has been amended (Framework Decision on the European Arrest Warrant), which is a part of the list of offences listed in the Framework Decision on the arrest warrant.
Unofficial table of contents

Section 82 Non-application of provisions

§ § 5, 6 para. 1, § 7 and, insofar as a European arrest warrant is present, § 11 shall not apply. Unofficial table of contents

Section 83 Supplementary admissibility requirements

(1) Delivery shall not be permitted if:
1.
the person who has been persecuted for the same act on which the request is based has already been legally sentenced by another Member State, provided that the sentence has already been carried out in the event of conviction; or may not be enforced in accordance with the law of the State of the State,
2.
the persecuted person at the time of the offence pursuant to § 19 of the penal code was incapacitated; or
3.
in the case of a request for the purpose of enforcement, the convicted person has not appeared in person at the hearing on which the judgment is based, or
4.
the act on which the request is based is punishable under the law of the requesting Member State with life imprisonment or other life-long custodial sanction, or the person being persecuted to such a penalty , and a review of the execution of the sentence or sanction imposed on application or on its own account shall not be carried out at the latest after 20 years.
(2) Delivery shall be permissible, however, by way of derogation from paragraph 1 (3), where:
1.
the convicted person
a)
timely
aa)
was personally summoned to the hearing that led to the verdict, or
bb)
in other ways has been officially informed of the scheduled date and place of the trial, which led to the judgment, so that it has been proved beyond doubt that the sentenced person is from the trial Knowledge, and
b)
was informed that a verdict can also be delivered in their absence,
2.
the convicted person, in the knowledge of the proceedings against whom a defender was involved, prevented a personal charge from escaping, or
3.
the convicted person, in the knowledge of the trial, has authorized a defender to defend it in the trial and has been effectively defended by the trial in the trial.
(3) By way of derogation from paragraph 1, point 3, extradition shall also be permitted if the convicted person has received the judgment after delivery of the judgment.
1.
expressly declared not to contest the judgment given, or
2.
has not applied for a retrial or an appeal within the time limits laid down.
The convicted person must first express his or her right to a retrial or to an appeal in which the person may participate and in which the facts, including new evidence, are re-examined and the (4) By way of derogation from paragraph 1, point 3, the extradition shall also be admissible if the convicted person immediately after their surrender to the requesting Member State the judgment of the person sentenced to shall be served in person and the convicted person shall be notified of the right referred to in the second sentence of paragraph 3 is to be informed of the resumption of the procedure or of an appeal procedure and of the time limits applicable to that procedure. Unofficial table of contents

Section 83a extradition documents

(1) Extradition shall be admissible only if the documents referred to in § 10 or a European Arrest Warrant have been sent, which contains the following information:
1.
the identity, as described in more detail in the Annex to the Framework Decision on the European Arrest Warrant, and the nationality of the person being persecuted,
2.
the name and address of the issuing judicial authority,
3.
an indication as to whether an enforceable judgment, an arrest warrant or any other enforceable judicial decision with the same legal effect is available;
4.
the nature and legal assessment of the offence, including the legal provisions,
5.
the description of the circumstances in which the offence was committed, including the time of the offence, the crime scene and the involvement of the requested person; and
6.
the maximum penalty laid down by law for the offence in question in the Member State of issue or, in the event of a final judgment, the sentence imposed.
(2) The call for tenders for arrest for the purpose of transfer or extradition pursuant to Council Decision 2007 /533/JHA of 12 June 2007 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 327, 22.12.2007, p. 63), which contains the information referred to in paragraph 1 (1) (1) to (6) or which has been submitted to it, shall be deemed to be a European Arrest Warrant. Unofficial table of contents

Section 83b Obstacles to consent

(1) The authorization of extradition may be refused if:
1.
is subject to criminal proceedings against the person who has been persecuted for the same act on which the extradition request is based,
2.
the initiation of a criminal proceedings for the same act on which the extradition request is based has been rejected or an already initiated procedure has been terminated,
3.
shall give priority to the extradition request of a third State;
4.
cannot be expected, on the basis of an obligation to be extradited under the Framework Decision of the European Arrest Warrant, on the basis of an assurance given by the requesting State or on other grounds, that the latter request a comparable German request would be appropriate.
(2) The granting of the extradition of a foreign resident who has his or her habitual residence in the country may also be refused if:
1.
in the case of extradition for the purpose of prosecution, the extradition of a German pursuant to Section 80 (1) and (2) would not be allowed,
2.
in the case of an extradition for the purpose of execution of the sentence, he does not agree to this in accordance with the provisions of the court and his interest in the execution of the sentence is outweighed by his or her interest in the execution of the sentence in Germany; § 41 (3) and (4) shall apply accordingly.
Unofficial table of contents

Section 83c Time limits

(1) The extradition shall be made no later than 60 days after the arrest of the persecuted person. (2) The person persecuted with the simplified extradition shall agree to a decision on the extradition at the latest. within 10 days of the granting of consent. (3) After the granting of the extradition, an appointment shall be made with the requesting Member State for the surrender of the persecuted person. The delivery date shall be no later than ten days after the decision on the authorization. If compliance with the date is impossible due to circumstances beyond the influence of the requesting Member State, a new surrender date shall be agreed within ten days. The agreement of a surrender date may be postponed with a view to prosecution or enforcement of a criminal law against the persecuted within the scope of this law or for serious humanitarian reasons. (4) May if exceptional circumstances do not comply with the time limits laid down in this provision, the Federal Government shall inform Eurojust of this fact and of the reasons for the delay; personal data may not be used. (5) On a request for enlargement of the Extradition authorisation shall be decided within 30 days of the date of receipt of the request. Unofficial table of contents

Section 83d Dismissal of the persecuted

If the person being persecuted has not been taken over within ten days after the end of a delivery date agreed in accordance with Section 83c (3), he shall be released from the extradition detention order if no new date of transfer has been agreed. Unofficial table of contents

§ 83e interrogation of the persecuted

(1) As long as a decision on extradition has not yet been taken, a request from the requesting Member State for questioning of the persecuted person shall be deemed to be the accused person. (2) At the request of the applicant, representatives of the requesting Member State shall be requested to request the request of the applicant to be informed. to allow Member States to be present.

Section 3
Transmission to a Member State of the European Union

Unofficial table of contents

§ 83f Delivery

(1) The transit through the scope of this Act from one Member State to another Member State shall be permitted if the documents submitted are
1.
the identity, as described in more detail in the Annex to the Framework Decision on the European Arrest Warrant, and the nationality of the person being persecuted,
2.
the existence of a European Arrest Warrant or a certificate referred to in § 10;
3.
the nature and legal assessment of the offence; and
4.
the circumstances in which the offence was committed, including the time of the offence and the crime of crime,
(2) In the case of transit from a third country to a Member State, paragraph 1 shall apply, subject to the proviso that the information referred to in paragraph 1 (2) shall be replaced by the information that a request for extradition is available. (3) The transit of German for prosecution shall be permitted only if the Member State to which the extradition takes place is assured, the person being persecuted for the German request for the imposition of a final custodial sentence or other sanction for the purpose of the To restore enforcement to the scope of this Act. The German for the execution of the sentence is only permitted if the person concerned agrees. (4) A request for delivery shall be made within 30 days of receipt of the request. Unofficial table of contents

§ 83g Carriage by air

§ 83f shall also apply to air transport, in which an unforeseen port of call comes within the scope of this Act.

Section 4
Outgoing requests for extradition to a Member State of the European Union

Unofficial table of contents

§ 83h Speciality

(1) Persons submitted by a Member State on the basis of a European Arrest Warrant may
1.
shall not be prosecuted, convicted or subjected to a deprivation of freedom, on account of a deed before the date of surrender other than that which underlies the surrender; and
2.
shall not be forwarded to a third State, transferred or transferred to a third State.
(2) Paragraph 1 shall not apply if:
1.
the person passed did not leave the territorial scope of this law within 45 days of their final release, even though it had the opportunity to do so, or has returned to him after leaving,
2.
the offence is not punishable by a custodial sentence or a detention order for improvement and security,
3.
the prosecution does not lead to the application of a measure restricting personal freedom,
4.
the person transferred shall be subject to the execution of a sentence or a measure of improvement and security without deprivation of liberty, even if that sentence or measure may restrict personal freedom, or
5.
the requested Member State or the person submitted has not been able to do so.
(3) The surrender of the person handed over after the surrender is to be explained to the minutes of a judge or prosecutor. The declaration of renunciation shall be irrevocable. The submitted person shall be lecturing on this. Unofficial table of contents

Section 83i Information on time delays

The Federal Government shall inform the Council of the European Union if there have been repeated delays in the delivery of the Council by another Member State. In so far as it is necessary in individual cases to determine the reasons for exceeding the time limits, pseudonymised data of the persecuted person may be transmitted to the Council. The Federal Government may only restore the relationship of persons to the State to which the request for extradition has been addressed and only if it is necessary to assess the implementation of the Framework Decision of the European Arrest Warrant.

Ninth Part
Enforcement of aid with the Member States of the European Union

Section 1
Deprivation of liberty

Subsection 1
Enforcement of foreign findings in the Federal Republic of Germany

Unofficial table of contents

§ 84 Principle

(1) In accordance with this sub-section, the enforcement assistance for another Member State of the European Union shall be governed by the provisions of Council Framework Decision 2008 /909/JHA of 27 November 2008 on the application of the principle of mutual recognition of Recognition of judgments in criminal matters imposing a custodial sentence or measure for the purpose of their enforcement in the European Union (OJ L 136, 31.7.1999, p. 27), as set out in Framework Decision 2009 /299/JHA (OJ L 327, 22.12.2009, p. 24), (Framework Decision on custodial sentences). (2) The provisions of the Fourth Part and the general provisions of the First and Seventh Part of this Act shall apply,
1.
where this sub-section does not contain any special arrangements, or
2.
if no request has been made in accordance with the framework decision.
(3) This sub-section shall be subject to the international agreements referred to in Article 1 (3), in so far as it contains final provisions.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84a Conditions of admissibility

(1) By way of derogation from § 49, the execution of a foreign recognition in accordance with the framework decision shall be admissible only if:
1.
a court of another Member State has legally imposed a sanction which has been devicted of freedom, which
a)
is enforceable and
b)
in the cases referred to in Article 84g (5), it may be converted into a sanction which is most appropriate to it in German law,
2.
also in accordance with German law, notwithstanding any obstacles to the proceedings and, where appropriate, in the event of a reasonable conversion of the facts, a penalty, a measure of improvement and security or a fine would have been imposed on the basis of the fact that the facts were based on the knowledge , and
3.
the convicted person
a)
is of German nationality or is legally resident in the Federal Republic of Germany in the long term and is not subject to a procedure for the termination of the stay,
b)
is in the Federal Republic of Germany or in the Member State in which it has been aware of it; and
c)
in so far as it complies with the provisions of that Member State, in the Member State in which it is aware that it has declared its consent to enforcement in the Federal Republic of Germany.
(2) By way of derogation from paragraph 1 (2), enforcement in tax, customs and monetary matters shall also be permitted if German law does not contain similar tax, customs and monetary provisions as the law of the other Member States. (3) Paragraph 1 (2) shall not apply if the convicted person has not consented to his extradition or transit for the execution of the sentence in accordance with Section 80 (3), Section 83b (2) (2) or Article 83f (3) sentence 2. If the conditions laid down in paragraph 1 (2) are not met, the maximum amount of conversion of the sanction referred to in Article 84g (4) and (5) shall be two years ' deprivation of liberty. (4) By way of derogation from paragraph 1 (3) (c), the agreement shall be understood as having Deprivation of the sentenced person if a competent authority of the other Member State has requested custodial sentences in accordance with Section 84c of the Framework Decision, on presentation of the documents in accordance with Section 84c, and
1.
the convicted person has a German nationality and has a food point in the Federal Republic of Germany; or
2.
the requesting Member State has legally decided by a competent authority that the convicted person has no right of residence in his/her jurisdiction and therefore after being released from prison in the Federal Republic of Germany, Germany can be expelled or deported.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84b Additional requirements for admissibility

(1) Enforcement shall not be permitted if:
1.
the convicted person was, at the time of the act, culpable in accordance with Section 19 of the Criminal Code or under criminal law not in accordance with Section 3 of the Juvenile Justice Act,
2.
the convicted person has not appeared in person for the trial, which is based on the knowledge,
3.
the convicted person
a)
for the same act on which the knowledge is based, has already been given a final judgment by a Member State other than that in which it has been aware, and
b)
has been convicted of a sanction and has already been executed, is enforceable or cannot be enforced in accordance with the law of the State in which the judgment is given, or
4.
the enforcement under German law is statute-barred, or would be barred if the facts were to be changed in a reasonable way.
(2) By way of derogation from paragraph 1 (4) and Article 84a (1) (2), the execution of a recognition imposed in another Member State may be declared admissible if the convicted person has so requested. The request of the convicted person in accordance with the first sentence shall be submitted in accordance with the provisions of the Member State in which the knowledge to be carried out against them has been carried out. The request of the convicted person referred to in the first sentence shall be the minutes of a judge or, if the convicted person is held in the other Member State, the minutes of a German empowered to give an assessment of declarations of intent To explain to professional consular officers. The application cannot be withdrawn. The convicted person has previously been informed of the legal consequences of their application and of the fact that it cannot be withdrawn. If the conditions referred to in Article 84a (1) (2) are not available, the maximum amount of the conversion of the sanction pursuant to § 84g (4) and (5) shall be two years ' imprisonment. (3) Enforcement shall also be permitted if:
1.
the sentenced person is in good time
a)
was personally invited to the hearing that led to the realization, or
b)
In other ways has been officially informed of the scheduled date and place of the trial, which led to the realization, so that it has been proven beyond doubt that the sentenced person is from the trial Knowledge, and
c)
was pointed out that a realization can also be seen in their absence,
2.
the convicted person, in the knowledge of the proceedings against whom a defender was involved, prevented a personal charge from escaping, or
3.
the convicted person, in the knowledge of the trial, has authorized a defender to defend it in the trial and has been effectively defended by the trial in the trial.
(4) By way of derogation from paragraph 1 (2), enforcement shall also be admissible if the convicted person has received the recognition after the date of delivery of the recognition.
1.
expressly declared not to contest the previous knowledge, or
2.
has not applied for a retrial or an appeal within the time limits laid down.
The convicted person must first express his or her right to a retrial or to an appeal in which the person may participate and in which the facts, including new evidence, are re-examined and the The original knowledge may have been rescinated.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84c Documents

(1) The execution of a foreign recognition in accordance with the framework decision is only admissible if the other Member State has the original or a certified copy of the recognition, together with a a fully completed certificate corresponding to the form set out in Annex I to the Framework Decision in terms of custodial sentences as amended. (2) If a certificate referred to in paragraph 1 is available, the certificate shall be incomplete, however, , the competent authority may refer to the submission of a completed certificate if the necessary information is obtained from the knowledge to be carried out or from other accompanying documents.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84d Obstacles to consent

The authorization of an enforcement admissible pursuant to § § 84a to 84c can only be refused if:
1.
the certificate (§ 84c (1)) is incomplete or does not appear to correspond to the knowledge to be carried out and the other Member State has not completed or corrected the information in full or in a rectified manner,
2.
to be enforced against a person with a German nationality, and
a)
the person does not have his or her food item in the Federal Republic of Germany, nor
b)
the other Member State has decided, by a competent authority, that the person has no right of residence in his/her own territory and therefore, after being dismissed from prison in the Federal Republic of Germany, is subject to travel,
3.
the deed has been committed to a substantial part in the Federal Republic of Germany or in one of the means of transport referred to in Article 4 of the Criminal Code,
4.
shall be carried out less than six months of the sanction at the time of receipt of the recognition;
5.
the Public Prosecutor's Office or the Court of First Instance found that the foreign knowledge was only partially enforceable and that no agreement could be reached with the competent authority of the other Member State on the extent to which the to be carried out, or
6.
the other Member State has failed to give its consent to the convicted person following his transfer for any other act which she committed before the transfer and which is not based on the recognition, or It may be subject to freedom-of-freedom measures.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84e Provisional Authorisation Decision

(1) The public prosecutor responsible pursuant to § 50 sentence 2 and § 51 shall decide on the authorisation of enforcement. It shall give the convicted person an opportunity to express his views. This may be waited if the convicted person has already been heard in the other Member State. (2) If the Public Prosecutor's Office decides not to invoke the obstacles to conscription pursuant to Section 84d (1) to (6), it shall state the reasons for the decision to: Decision in the application for a court decision on enforceability. (3) The Public Prosecutor's Office does not consented to the execution in the Federal Republic of Germany, it justifies this decision. The public prosecutor's office shall give the convicted person the decision, provided that the convicted person has agreed to the execution in the Federal Republic of Germany. The convicted person may submit an application for a court decision within two weeks of notification. § § 297 to 300 and 302 (1) sentence 1, paragraph 2 of the Code of Criminal Procedure on legal remedies and § § 42 to 47 of the Code of Criminal Procedure on time limits and reinstatation to the previous level apply accordingly.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84f Judicial procedure

(1) The district court competent pursuant to § 50 sentence 1 and § 51 decides at the request of the public prosecutor's office pursuant to § 84e paragraph 2 or at the request of the convicted person in accordance with § 84e paragraph 3 sentence 3. The public prosecutor's office is preparing the decision. (2) The court shall send the convicted person a copy of the documents referred to in § 84c (1) to the extent that this is necessary to exercise their rights. (3) In the case of a request by the In addition to the copy referred to in paragraph 2, the public prosecutor's office for a court decision on enforceability in accordance with Section 84e (2) shall be required to deliver a copy of the decision in accordance with Section 84e (2). The convicted person shall be invited to submit his comments within a time limit to be determined by the court. (4) For the judicial preparation of the decision, Section 52 (1) shall apply, with the proviso that: the competent authority in the other Member State must also have been given the opportunity to provide additional documents if the documents submitted are not sufficient to assess whether the public prosecutor's office is free to exercise its discretion . A time limit may be set for the submission of the documents. (5) § 30 (2) sentence 2 shall apply accordingly, with the proviso that the court may also establish whether the public prosecutor's office has exercised its discretion without error. § 30 (2) sentence 4, paragraph 3 and § 31 (1) and (4) shall apply accordingly. If the convicted person is within the scope of this Act, the first sentence of Article 30 (2) and the second sentence of Article 31 (2) and (3) shall apply accordingly.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84g Judicial decision

(1) The Landgericht decides on the requests for a court decision pursuant to § 84e (2) and (3). (2) Are the provisions on the application for a court decision by the convicted person in accordance with § 84e (3) sentence 3 and 4 , the Court of First Instance disclaims the application as inadmissible. The decision shall be indisputable. (3) By way of derogation from Section 54 (1), the foreign knowledge shall be declared enforceable by the court in accordance with § 50 sentence 1 and § 55, to the extent that the enforcement is admissible and the prosecution of the public prosecutor's office
1.
their discretion to disclaim the obstacles to conscription in accordance with Section 84d (1) to (6), has been exercised without error, or
2.
their discretion to invoke authorisations pursuant to Section 84d (1) to (6), has exercised an error and is not justified by any other discretionary decision; considers, however, that a different decision of discretion is taken, the Court of First Instance shall repeal the Decision of the Public Prosecutor's Office and shall return it to the files for renewed exercise of discretion, in compliance with the legal opinion of the Court of First Instance.
§ 54 (4) shall apply accordingly, with the proviso that, instead of the detention provided pursuant to section 58, the detention provided pursuant to section 84j shall be set off. § 55 (2) and (3) shall apply mutas. (4) If the sanction imposed by the foreign knowledge exceeds the maximum amount which is threatened in the scope of this law, the court discounted the sanction to that maximum. § 54 (1) sentence 4 and 54a (1) (1), (2) and (3) shall apply accordingly. (5) In its decision pursuant to paragraphs 3 and 4, the court converts the sentence imposed on the sanction most appropriate to it in German law, if:
1.
the sanction of its kind does not correspond to any sanction which provides for the law applicable within the scope of this Act, or
2.
the convicted person at the time of the act the 21. In this respect, the provisions of the Juvenile Justice Act shall apply accordingly.
The amount of the converted sanction shall be determined by the foreign knowledge; the sanction imposed in the other Member State shall not be aggravated by the converted sanction in the manner or duration of the sentence.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84h Approval after judicial decision

(1) The Public Prosecutor's Office may only grant the enforcement aid if the foreign recognition has been declared enforceable. (2) The Public Prosecutor's Office shall grant the execution in accordance with the legally enforceable court order. Decision. (3) The decision to grant consent is indisputable. (4) The authorization shall be decided within 90 days after receipt of the documents referred to in § 84c (1) with the Public Prosecutor's Office. Reasons shall be given for a final negative decision.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84i Speciality

(1) Where a convicted person has been transferred from another Member State without her consent, it must not be prosecuted or convicted in respect of any act other than that which is the basis of the transfer before the transfer (2) By way of derogation from paragraph 1, a person transferred may be prosecuted, convicted or of a deprivation of freedom because of an act other than that which underlies the transfer. be subject to the following measures:
1.
it has not left the territorial scope of this law within 45 days of its final release, even though it has had the opportunity to do so, or after it has left it, has returned to it,
2.
the prosecution does not lead to a measure which restricts personal freedom,
3.
a penalty or a measure of improvement and security without deprivation of liberty is enforced against them on account of the other offence, even if that penalty or rule of law may restrict personal freedom, or
4.
the other Member State, or the person referred to, has waived the application of paragraph 1.
The surrender of the transferred person in accordance with the first sentence of sentence 1 shall be declared after being transferred to the minutes of a judge or public prosecutor. The declaration of renunciation shall be irrevocable. The person transferred shall be lecturing on the legal consequences of her waiver and his unrevocability.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84j Safeguarding of enforcement

Section 58 (1), (2) and (4) shall apply with the proviso that the sentence may be placed against the convicted person if:
1.
the convicted person is in the jurisdiction of that law,
2.
a foreign knowledge pursuant to Section 84a (1) (1) has been issued,
3.
has asked the other Member State to arrest and
4.
there is a risk that the sentenced person will withdraw from the proceedings on enforceability or enforcement.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84k Supplementary provisions on enforcement

(1) The execution of the residue of the custodianship of the custodianship may be suspended for probation. The provisions of the Penal Code shall apply accordingly. The decision to suspend probation shall be taken at the time when the convicted person is entitled to an examination of the suspension in the event of continued enforcement in the other Member State in accordance with the law of that Member State. (2) By way of derogation from § 57 (6), after the commencement of enforcement in the Federal Republic of Germany, enforcement can only be dissected if a competent body of the other Member State informs that the conditions for the execution of the Enforcement on the basis of a retrial, amnesty or an amnesty No mercy decision has been taken. In addition, enforcement may be waived if the sentenced person has fled from detention in the Federal Republic of Germany.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 84l Enforcement for enforcement

(1) If a person is to be transported by a Member State through the scope of that law to another Member State in order to be able to execute a custodial sentence or other custodial sanction in that Member State, the carriage shall be admissible only if requested by one of the two Member States. (2) The copy of a certificate shall be accompanied by the request referred to in paragraph 1 and the form in Annex I to the framework decision shall be accompanied by a custodial sentence in each of the (3) In order to facilitate transit for several acts , it shall be sufficient if the conditions set out in paragraphs 1 and 2 are met for at least one of the acts on which the request is based. (4) The transit of a person with a German nationality shall be admissible only if, in accordance with the The provisions of the Member State in which the knowledge to be carried out against them have been carried out. Consent cannot be revoked.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84m Enforcement procedures

(1) § § 44 and 45 (1), (2), (4) to (7) shall apply in accordance with the procedure for the transit procedure. Transit is to be granted if a transit warrant has been issued. (2) A request for transit is to be decided within one week from the date of receipt of the request.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 84n Air transit through the air

(1) § § 84l and 84m shall also apply to the carriage by air if an unforeseen port of call comes within the scope of this Act. (2) To secure the transit, an unforeseen port of call shall be required. (3) § 47 (3), (4), (6), first sentence, and (7) shall apply accordingly. Section 47 (5) shall apply mutatily to the transit arrest warrant, subject to the condition that it may be issued before the receipt of the documents pursuant to Article 84l (2). A transit is to be granted if the Higher Regional Court has upheld the order for the transit arrest warrant.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +)

Subsection 2
Enforcement of German findings in another Member State of the European Union

Unofficial table of contents

Section 85 Provisional Authorisation Decision

(1) By way of derogation from § 71, the executing authority may delegate the execution of a custodial sentence imposed within the scope of this Act to another Member State in accordance with the framework decision. It shall give the convicted person an opportunity to express his views. This may be waited if the convicted person has submitted an application for the transfer of enforcement to the other Member State. (2) If the convicted person holds himself in the Federal Republic of Germany, the enforcement authority may not be required to: the enforcement of a custodianal sanction in another Member State shall not be granted if:
1.
the convicted person has agreed to the enforcement of the custodianal penalty in the other Member State, or
2.
the court, at the request of the enforcement authority, declared the enforcement of the custodial penalty in the other Member State admissible pursuant to Section 85c.
The consent of the convicted person as referred to in the first sentence of the first subparagraph shall be declared to be the minutes of a judge. The agreement cannot be revoked. The convicted person shall be informed of the legal consequences of their consent and their unrevocability. (3) If the executing authority decides to file a request for enforcement to another Member State, it shall have the following: to inform the convicted person in writing. If the convicted person is in the territory of the other Member State, the executing authority may ask the competent authority to forward the information to the convicted person. (4) The executing authority may withdraw a request for enforcement as long as the request for enforcement has been made in writing. (4) The executing authority may withdraw a request for enforcement of the request for execution. (5) The enforcement authority does not agree that the deprivation of the penalty shall be enforced in another Member State, or shall withdraw a request in accordance with paragraph 4, such as: it justifies this decision. The executing authority shall make the decision of the convicted person, provided that the convicted person has applied for enforcement in the other Member State or has declared that it has been given such enforcement. The convicted person may submit an application for a court decision within two weeks of notification. § § 297 to 300 and 302 (1) sentence 1, paragraph 2 of the Code of Criminal Procedure on legal remedies and § § 42 to 47 of the Code of Criminal Procedure on time limits and reinstatation to the previous level apply accordingly.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 85a Court of Justice

(1) The Oberlandesgericht (Oberlandesgericht) in accordance with § 71 (4) sentences 2 and 3 decides, at the request of the executing authority in accordance with § 85 (2) sentence 1 (2) or at the request of the convicted person pursuant to § 85 (5) sentence 3 by decision. The executing authority is preparing the decision. (2) § 13 (1) sentence 2, § 30 (2) sentence 2 and 4, paragraph 3, § 31 (1) and (4) as well as § § 33, 42 and 53 apply accordingly. If the convicted person is within the scope of this Act, the first sentence of Article 30 (2) and the second sentence of Article 31 (2) and (3) shall apply accordingly.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 85b Judicial decision at the request of the convicted person

(1) If the provisions relating to the application for a court decision by the convicted person are not complied with in accordance with Article 85 (5) sentences 3 and 4, the court shall dismiss the application as inadmissible. (2) The request of the convicted person to court Decision shall be rejected by decision as unfounded if:
1.
it is inadmissible, in accordance with the framework decision, to transfer to another Member State the execution of a custodial sentence imposed within the scope of that law, or
2.
the enforcement authority has exercised its discretion in accordance with Article 85 (1) and (4).
(3) Where the request of the convicted person for a court decision is admissible and well founded, the court shall declare the enforcement of the custodial sanction in the other Member State admissible if another Discretionary decision is not justified. However, if another discretionary decision is taken into consideration, the Court of First Instance annuls the decision of the executing authority and submits it back to the files for renewed exercise of discretion, in compliance with the legal opinion of the General Court.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

Section 85c Judicial decision at the request of the executing authority

At the request of the executing authority, the court shall, in accordance with the framework decision, declare prison sentences admissible in another Member State for a custodial sanction against a person with non-German or non-German Nationality to execute when the sentenced person
1.
is a national of that other Member State and has a food item there, or
2.
is obliged to leave the Federal Republic of Germany in accordance with § 50 of the Residence Act as determined by the competent authority.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 85d Approval after judicial decision

The Enforcement Authority may only authorise the enforcement of the custodianship of the custodianship if the Court of First Instance declared that enforcement was admissible in the other Member State. The executing authority shall authorise enforcement in accordance with the final court decision. The grant decision shall be indisputable.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 85e Inlongdisches enforcement proceedings

(1) The convicted person shall be transferred to the convicted person within 30 days of the decision of the other Member State to take over the execution of the custodianship of the custodianship. (2) The German enforcement authority shall see from the Enforcement shall be carried out as far as the other Member State has taken over and carried out. It may continue enforcement as soon as the other Member State has informed her that the convicted person has fled from detention. (3) The other Member State shall seek consent, pursue a further deed or a penalty or other If a sanction is to be carried out on account of a further act, the authority responsible for granting an extradition shall be the authority responsible for the decision. Consent shall be given if an extradition pursuant to Section 79 (1) is to be granted on the grounds of the further act. § 78 (1) and 79 (2) to § 83b apply accordingly. In place of the documents referred to in Article 83a (1), the competent authority of the other Member State which contains the information referred to in Article 83a (1) is sufficient for the approval of the consent of the competent body of the other Member State. The consent shall be decided within 30 days after the documents have been received by the enforcement authority in accordance with Section 83a (1).

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +) Unofficial table of contents

§ 85f Protection of further enforcement

(1) If the convicted person is found within the scope of that law before half of the penalty period which it has to serve on the basis of the sanction imposed or converted in the other Member State, may be ordered the convicted person shall be kept, if:
1.
it may not have a dismissal or document of the same content; or
2.
there is no notification from the other Member State that enforcement has been completed.
(2) Even before enforcement is transferred to the other Member State, the court may adopt the detention order and, in addition, the invitation to tender for arrest and order for the necessary measures to be punished. If the convicted person is in the scope of this Act, it shall be held in the form of a judicial record of the orders referred to in the first sentence. If it is located in the territory of the other Member State, the Court of First Instance shall make an instruction to the Court of First Instance. (3) The detention order, the arrangement of the invitation to tender for arrest and the ordering of the necessary measures shall be taken by the Court of First Instance. of the first legal action. If the convicted person is enforceable within the scope of this Act a penalty-free sanction, the Trial Chamber shall take the orders as set out in the first sentence. § 462a (1) sentence 1 and 2, paragraph 3, sentences 2 and 3, paragraph 6 of the Code of Criminal Procedure shall apply accordingly. § 6 Paragraph 2, Sentences 1 and 2, § § 7 to 9 (1) to 4 (1) and (2), § § 10 to 14 (2) of the Rendition Execution Act of 26 September 1991 (BGBl. I p. 1954; 1992 I p. 1232; 1994 I p. 1425), which was last amended by Article 5 of the Law of 29 July 2009 (BGBl I). 2274), it is appropriate to apply the amended proposal.

Footnote

(+ + + § § 84 to 85f: For application see § 98b + + +)

Section 2
Monetary sanctions

Subsection 1
General rules

Unofficial table of contents

§ 86 Priority

(1) In so far as this section does not contain any specific provisions, the other provisions of this Act shall apply to requests for the enforcement of financial penalties and fines in respect of mutual legal assistance with the Member States of the European Union Application. (2) This section shall be subject to the international agreements referred to in Article 1 (3), in so far as it contains final provisions.

Subsection 2
Incoming requests

Unofficial table of contents

Section 87 Principle

(1) Enforcement assistance to another Member State in accordance with the Council Framework Decision 2005 /214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ L 327, 22.11.2005, p. 16), as defined by Framework Decision 2009 /299/JHA (OJ L 327, 22.12.2009, p. 24), (framework decision on monetary sanctions) is based on this sub-section. The provisions of the fourth part of this Act are to be applied only in so far as these provisions are expressly referred to in the following. (2) Enforcement assistance may be imposed by enforcing a final sentence against a person concerned. monetary penalty shall be made if the monetary penalty is based on a decision which:
1.
a court in the requesting Member State has taken a criminal offence under the law of the requesting Member State,
2.
it has taken a non-judicial body in the requesting Member State on the grounds of a crime punishable under its law, provided that such a decision could be invoked by a court also competent in criminal matters,
3.
a non-judicial body in the requesting Member State has taken an act which has been punishable as an offence under the law of the requesting Member State, provided that such a decision is brought against a court which is also competent in criminal matters could, or
4.
a court in the requesting Member State responsible for criminal matters has also taken a decision in accordance with point 3.
(3) A monetary penalty within the meaning of paragraph 2 shall be the obligation to pay
1.
a sum of money on account of a criminal offence or of an offence of regularity;
2.
the costs of the procedure imposed in addition to a sanction referred to in point 1;
3.
a compensation to the victim, fixed in addition to a sanction referred to in paragraph 1, where the victim was not allowed to claim civil rights under the procedure in the requesting Member State, and a court in the exercise of his or her own criminal law, or
4.
a sum of money fixed in addition to a sanction referred to in point 1 to a public fund or to an organisation for the assistance of victims.
No monetary sanctions are orders for the confiscation of instrumentalities or proceeds of crime, as well as orders of a civil nature resulting from claims for damages and actions for the restoration of the former condition, and , in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 327, 30.12.2012, p. OJ L 351, 20.12.2012, p. 1). Unofficial table of contents

Section 87a Enforcement documents

The execution of the money sanction shall be admissible only if the following documents are available:
1.
the original of the decision to be executed, or a certified copy thereof,
2.
the certificate duly completed and signed by the competent authority of the requesting State, in accordance with the standard form printed in the Annex to the Framework Decision, in the original.
Unofficial table of contents

§ 87b Admissibility requirements

(1) The execution of the penalty shall be admissible only if, under German law, notwithstanding any obstacles to the proceedings and, where appropriate, the appropriate conversion of the facts, for the act on which the decision is based, a decision shall be taken to: a fine or a fine could have been imposed. The mutual sanctionsability shall not be considered if the act on which the decision is based, in accordance with the law of the requesting Member State, is one of the offences listed in Article 5 (1) of the Framework Decision, or (2) Enforcement of the penalty is not admissible in so far as it has been paid or recovered. (3) Enforcement of the penalty shall not be permitted if:
1.
the certificate referred to in Article 87a (2) is incomplete or obviously does not correspond to the decision;
2.
the penalty imposed does not reach the amount of EUR 70 or its equivalent in the case of conversion under the relevant price value at the time of the decision to be carried out;
3.
the underlying decision has been taken in a written procedure and the person concerned or a representative authorised under the law of the requesting Member State shall not have the right to appeal and the time limits laid down by the the provisions of this law have been awarded;
4.
the person concerned has not appeared in person at the hearing on which the decision is based,
5.
against the person concerned on the basis of the same action on which the decision is based, a decision within the meaning of Section 9 (1) has been issued in the country and the German jurisdiction is also justified, or if, in view of the same action, the person concerned is responsible for the the decision taken in a State other than that of the requesting Member State and not in the national territory of the Member State concerned, has been taken and enforced against the person concerned,
6.
for the act on which the decision is based also the German jurisdiction and the enforcement in accordance with German law is statute-barred,
7.
the person concerned, on the basis of his age at the time of the act on which the decision is based, was culpable under German law or was not responsible for criminal liability within the meaning of Section 3 sentence 1 of the Juvenile Justice Act,
8.
the act on which the decision is based wholly or partly has been committed in the territory of the country or on a ship or in an aircraft which is entitled to carry the flag of the Federal Republic of Germany or the State belonging to the Federal Republic of Germany, and the act under German law is not punishable as a criminal offence or is punishable by fine or as an administrative offence, or
9.
the person concerned did not have the opportunity in the foreign proceedings to not be responsible for the act on which the decision was based, and to invoke it in relation to the authority responsible for the authorization.
(4) However, by way of derogation from paragraph 3 (4), enforcement of the penalty shall be permitted where:
1.
the person concerned
a)
timely
aa)
was personally invited to the hearing that led to the decision, or
bb)
In other ways, it has been officially notified of the scheduled date and place of the trial, which led to the decision, so that it has been proven beyond doubt that the person concerned has been informed by the trial Knowledge, and
b)
was pointed out that a decision can also be taken in their absence,
2.
the person concerned, having regard to the proceedings against which a defender was involved, prevented a personal charge from escaping, or
3.
the data subject has, in the knowledge of the trial, authorized a defender to defend it in the trial and was actually defended by the person in the trial.
(5) By way of derogation from point (4) of paragraph 3, the execution of the penalty shall also be allowed if the person concerned has been notified of the decision.
1.
has expressly declared not to contest the decision taken, or
2.
has not applied for a retrial or an appeal within the time limits laid down.
The person concerned must first of all express his or her right to a retrial or to an appeal in which he/she may participate and in respect of which the facts, including new evidence, are re-examined and the original (6) By way of derogation from point 4 of paragraph 3, the execution of the penalty shall also be allowed where the person concerned has been informed of the procedure and the possibility of having the proceedings in question, of the hearing to appear in person,
1.
has expressly waived the right to oral hearing, and
2.
declared not to contest the decision.
Unofficial table of contents

Section 87c Preparation of the decision on the authorisation

(1) The granting authority shall send copies of the documents referred to in § 87a to the person concerned. He shall be given the opportunity to express his views within two weeks of access and shall be informed that, on the expiry of that period, the granting authority shall decide on the authorisation of enforcement or under the conditions laid down in Article 87i (1) shall submit an application for a court decision. (2) The hearing referred to in paragraph 1 may not be heard if the authorization authority
1.
refuses to execute it as inadmissible;
2.
a conscription obstacle pursuant to section 87d, or
3.
request the conversion of a decision by the court in accordance with § 87i paragraph 1.
Unofficial table of contents

Section 87d Basic requirement for authorization

The authorisation of an admissible request for the execution of a monetary sanction can only be refused if the act on which the decision is based
1.
is wholly or partly committed in the territory of the country or on a ship or in an aircraft which has the right to carry the flag of the Federal Republic of Germany or the State belonging to the Federal Republic of Germany and, under German law, as a criminal offence, with a penalty is punishable by a fine or is punishable by a fine or a fine or a fine
2.
has been committed outside the territory of the requesting Member State and if such a crime committed abroad under German law is not punishable as a criminal offence with a fine or as an administrative offence with a fine.
Unofficial table of contents

§ 87e Beistand

The provision of § 53 on the assistance shall apply accordingly. Unofficial table of contents

Section 87f Authorisation of enforcement

(1) The granting authority shall decide on enforcement if it does not apply for a court decision in accordance with Article 87i (1). (2) § 54 (2) and (4) shall apply accordingly. If the act which underlies the request of the other Member State has not been committed on its territory and the German jurisdiction is justified in respect of that act, the amount of the fine or fine shall be limited to that for a (3) In so far as the decision of the other Member State is enforceable, it shall reduce the maximum amount to be imposed in the other Member State. (3) , the decision and the amount of the money sanction to be executed shall be indicated. The authorization shall be provided with reasons and shall be granted to the person concerned. The authorization shall include:
1.
an indication that the authorization shall be final and the penalty shall be enforceable if no objection is lodged in accordance with paragraph 4,
2.
the request to the person concerned to pay the cash sanction to the Bundeskasse no later than two weeks after the legal force has been applied.
(4) The person concerned may lodge an appeal against the authorization in writing or in writing to the authorization authority within two weeks of notification. § § 297 to 300 and 302 of the Code of Criminal Procedure on Legal Remedies and § § 42 to 47 of the Code of Criminal Procedure on deadlines and reinstatation to the previous level apply accordingly. Unofficial table of contents

§ 87g Court of Justice

(1) The legal route to the ordinary courts shall be opened against the authorization. If the authorising authority does not assist the person concerned, the competent judicial authority in accordance with paragraph 2 shall decide. The competent local court shall also decide, at the request of the authorization authority, in accordance with § 87i. § 34 (1), § 107 of the Law on Juvenile Justice and Section 68 (2) of the Law on Administrative Offences shall apply mutagentily. The authority prepares the decision. (2) The local jurisdiction depends on the place of residence of the person concerned, if the person concerned is a natural person. If the person concerned is not domicated, the responsibility for his/her habitual residence or, if one is not known, shall be determined by his/her last residence. If the person concerned is a legal person, the court in whose district the legal person has its registered office shall be the competent court. In the case of § 87h, the date of receipt of the opposition, in the case of § 87i, is the date of the date of receipt of the application by the court. If these places cannot be determined, the court in whose district the property of the person concerned is located shall be responsible. If the assets of the person concerned are located in the districts of different local courts, then the jurisdiction shall be determined by which district court was first referred to the case. Article 58 (1) of the Law of the Court of Justice remains unaffected. (3) The court shall send the person concerned the copy of a translation of the decision of the other Member State into the German language, insofar as this is the exercise of his rights is required. If an application is submitted in accordance with Section 87i (1), the person concerned shall also be entitled to submit copies of the documents referred to in § 87a and the decision in accordance with Section 87i (2), not to assert any obstacles to the granting of consent. In the case of the second sentence, the person concerned shall be invited to submit his comments within a time limit to be determined by the court. (4) For the purpose of preparing the decision, Section 52 (1) shall apply in accordance with the condition that the competent authority shall be in the requesting The Member State must also have been given the opportunity to provide additional documents if the documents submitted are not sufficient to assess whether the granting authority has its discretion, not to claim a grant of consent. , it has been flawless. A time limit may be set for the submission of the documents. The granting authority shall carry out the decisions of the Court of Justice issued in accordance with the first and second sentences of sentences 1 and 2. The Court of First Instance may collect any other evidence relating to the facts set out in Article 87h (3), first sentence, points 1, 2 and 3. The fourth sentence of Article 30 (2) and the third subparagraph of Article 31 (4) shall apply accordingly. If the person concerned is in Germany, § 30 (2) sentence 1 and § 31 (2) apply accordingly. The first sentence of Article 31 (1) shall apply with the proviso that the granting authority shall replace the public prosecutor's office. The granting authority shall not be obliged to participate in the oral proceedings; the court shall inform the authorization authority if it considers that it is appropriate to participate. Unofficial table of contents

§ 87h Judicial decision after objection

(1) The administrative court decides on the admissibility and merits of the opposition by decision. (2) If the provisions relating to the filing of the opposition have not been observed, the court shall dismiss the opposition as inadmissible. The decision shall be indisputable. (3) The objection of the person concerned shall be rejected by decision as unfounded, to the extent that:
1.
the enforcement of the decision of the other Member State is admissible,
2.
the granting authority has exercised its discretion not to assert an obstacle to a conscription, and
3.
the money sanction according to § 87f (2) has been adjusted without error.
In so far as the opposition is due to inadmissibility of enforcement or due to incorrect exercise of discretion, the decision of the other Member State shall be declared inenforceable. In so far as an adjustment in accordance with Section 87f (2) has been or has been understated, although it was necessary, the court shall adjust the monetary penalty and declare the decision enforceable. To the extent that the authorization decision deviates, the amount of the money sanction to be executed must be stated in the decision-making formula. (4) § 77b of the Law on Administrative Offences shall apply accordingly. Unofficial table of contents

Section 87i Judicial decision at the request of the authorization authority; authorization

(1) Is the decision of the other Member State
1.
a monetary sanction pursuant to Section 87 (2) (1) and (2), which has been issued against a young person or an adolescent within the meaning of the Juvenile Justice Act;
2.
is directed against an affected legal entity established under the law of a Member State of the European Union and having its registered office, principal administration or principal place of business within the European Union, or
3.
for the purpose of the execution of a monetary sanction pursuant to Article 87 (3), first sentence, point 3 or point 4,
the granting authority, in so far as enforcement is admissible, requests that the judgment be transformed by the court. (2) The application for a court decision in accordance with paragraph 1 states that the authorization authority shall declare that it does not Authorisations for authorisation shall be invoked. The decision not to invoke any obstacles to authorization shall be justified. (3) Insofar as the execution of the decision of the other Member State is admissible and the granting authority has its discretion not to claim a refusal to grant a conscription. , the decision shall be declared enforceable. The monetary sanction is to be converted into the sanction most appropriate to it in German law. In order to adjust the amount of the money sanction, Section 87f (2) shall apply. (4) A penalty imposed on a young person in accordance with Section 87 (2) (1) and (2) shall be converted into a sanction admissible under the Juvenile Law. Sentence 1 shall apply mutatily to an adolu if, in accordance with Section 105 (1) of the Juvenile Justice Act, juvenile justice is applied. Otherwise, the decision shall be declared enforceable. (5) The District Court shall decide on the enforceability of the decision by decision. In so far as the decision is declared enforceable, the decision and the nature and amount of the monetary sanction to be executed must be stated in the decision-making formula. (6) The granting authority shall grant the enforcement in accordance with the final decision. Court decision. The grant decision shall be indisputable. Section 87f (3) sentences 1 and 2 shall apply accordingly. The authorization shall include:
1.
an indication that the authorization has become final and the penalty has become enforceable; and
2.
the request to the person concerned to pay the cash sanction to the competent cash register in accordance with Article 87n (5) sentence 3 at the latest two weeks after delivery.
Unofficial table of contents

Section 87j Legal complaint

(1) The legal complaint shall be admissible against the decision of the Local Court pursuant to Section 87h (3) and Article 87i (5) if it is approved. This appeal shall be granted to both the person concerned and to the authority responsible for the authorisation. After the respondent has been given the opportunity to comment, the District Court shall, by mediation of the Public Prosecutor's Office, submit the files to the Appeal Court for a decision. (2) For the legal complaint and the further Proceedings shall apply in so far as this law does not determine otherwise, the provisions of the Code of Criminal Procedure and the Law of the Court of Justice on the revision accordingly. (3) The time limit for the filing of the legal complaint shall begin with the delivery of the Decision. (4) The appeal court decides by decision. (5) Hebt the appeal court, by way of derogation from Article 354 (1) and (2) of the Code of Criminal Procedure, may decide in the case itself or to the court whose decision has been repealed, or to another (6) For the further procedure, § 42 shall apply mutatily. Unofficial table of contents

Section 87k Admission of the legal complaint

(1) The appeal court shall allow the appeal, at the request of the person concerned or of the authorization authority, if it is necessary to:
1.
enable it to review the decision on the further training of the law or to secure a uniform case-law, or
2.
-to lift the decision on the grounds of failure to hear the hearing.
(2) The application for a marketing authorisation shall be subject to the rules on the filing of the appeal. The application shall be deemed to be a legal complaint lodged as a predisposed one. The provisions on the affixing of the appeal requests and their justification (§ § 344, 345 of the Code of Criminal Procedure) must be observed. In the explanatory statement of the appeal applications, the applicant shall at the same time indicate the reasons for which the conditions referred to in paragraph 1 are available. § 35a of the Code of Criminal Procedure shall apply accordingly. (3) The Appeal Court shall decide on the application by decision. The decision to reject the application does not require any justification. If the application is rejected, the appeal shall be deemed to be withdrawn. (4) If, before the decision on the application for authorisation, it appears that there is a procedural obstacle, the appeal court shall only issue the proceedings if the A procedural obstacle has occurred after the adoption of the decision pursuant to Section 87h (3) or Article 87i (5). Unofficial table of contents

§ 87l Occupation of the Senate of the Higher Regional Courts

(1) The Oberlandesgericht (Higher Regional Court) decides on the admission of the appeal and on the legal complaint. (2) The Senate is occupied by a judge, unless otherwise specified. (3) The Senate is composed of three judges including the Chairpersons shall be appointed in proceedings concerning legal complaints where:
1.
it is the execution of a monetary sanction within the meaning of Article 87 (2) (1) or (2),
2.
an authorisation ground within the meaning of Article 87k (1) (1) is available;
3.
Special difficulties in the legal situation may be required, or
4.
is to be deviated from the decision of a Higher Regional Court.
Unofficial table of contents

§ 87m Prohibition of double-tracking; communication to the Federal Central Register

(1) Where enforcement is granted, the same act on which the decision of the other Member State is based may no longer be prosecuted under German law as a criminal offence or an administrative offence. (2) The authorization, after which a A decision of another Member State pursuant to Article 87 (2) (1) or (2) shall be declared enforceable or rejected, shall be notified to the Federal Central Register. This shall not apply if:
1.
the decision of the other Member State to the Federal Central Register cannot be registered or
2.
the decision against a German is issued and the communication is not required because the other Member State actually regularly informs the Federal Central Register of criminal convictions against a German.
Unofficial table of contents

§ 87n Enforcement

(1) The granting authority shall carry out enforcement as a executing authority. This shall not apply if the court of First Instance makes a decision in accordance with § 87h or at the request of the authorization authority in accordance with § 87i. In the cases referred to in the second sentence, enforcement shall be carried out by the public prosecutor's office in the district court in whose district the competent local court has its seat, as an enforcement authority. Insofar as a juvenile criminal sanction is to be enforced in the cases of sentence 2 after conversion, enforcement shall take place in accordance with § 82 of the Juvenile Justice Act. (2) For the purposes of enforcement, § § 34, 93 to 99 (1) shall apply, § § § § § § § § § § § § § § § § § § § § § § 34 101, 102, 103 (1) (2), (2) and § 104 (2) and 3 (1) (1) (1) and (2) of the Code of Administrative Offences, mutagenes. The judicial decisions necessary for the enforcement of the provisions of the first sentence shall be adopted by the District Court at the seat of the enforcement authority. In proceedings against young people and adolescents, § 82 (1), § 83 (2) and § § 84 and 85 (5) of the Juvenile Justice Act also apply. The provisions of the Code of Justice Rules shall apply unless otherwise provided in this Act. If a decision has been taken in accordance with § 87i (4) sentence 1 and 2, the sentences 1 to 4 shall not apply. (3) In the case of the execution of a decision under Section 87i (4), custodians of freedom may not be ordered. The same shall apply in the case of the execution of a decision against young people and adolescents under paragraph 2. (4) § 57 (6) applies accordingly. (5) The proceeds from the execution shall flow into the Federal Fund. This shall not apply if the court of First Instance makes a decision in accordance with § 87h or at the request of the authorization authority in accordance with § 87i. In the cases referred to in the second sentence, the proceeds of the proceeds shall be flown to the cash register of the country in which the competent local court is established. By way of derogation from sentences 1 to 3, the requesting Member State may, in the case of the execution of a decision to which a decision has been converted pursuant to Article 87 (3), first sentence, point 3, be agreed that the proceeds from the execution of the decision shall be made out of the execution of the decision. to the victim. (6) The costs of execution are borne by the person concerned.

Subsection 3
Outbound Requests

Unofficial table of contents

§ 87o Principle

(1) A request to another Member State, in accordance with the framework decision, shall be subject to monetary sanctions following that subsection. § 71 shall not apply. Section 87 (2) (1), (3) and (4), (3) (1) (1) and (2), and second sentence (2) shall apply mutatily. (2) The competent authority of another Member State may be requested to execute a monetary sanction if the person concerned is
1.
is a natural person who is resident in the requested Member State or is normally resident in the Member State in which he is resident,
2.
is a legal person who has its registered office in the requested Member State,
3.
has assets in the requested Member State, or
4.
in the requested Member State income.
Unofficial table of contents

§ 87p Inlongdisches enforcement proceedings

If the other Member State has been requested for enforcement, enforcement in the territory of the country shall not be allowed until such time as:
1.
the request has been withdrawn, or
2.
the requested Member State has refused to execute it.
Domestic enforcement shall be inadmissible if the requested Member State has based the refusal of enforcement on the grounds that a decision has been taken against the person concerned for the same action in the requested Member State, or in a third country. The State has taken a decision and has been enforced.

Section 3
Confiscation and decay

Unofficial table of contents

Section 88 Principle

The enforcement aid for another Member State of the European Union, in accordance with Council Framework Decision 2006 /783/JHA of 6 May 2006. October 2006 on mutual recognition of confiscting decisions (OJ C 327, 30.12.2006 OJ No L 328, 24. 11. 59), as set out in Framework Decision 2009 /299/JHA (OJ L 327, 22.9.2009, p. 24), (Framework Decision confiscation) is based on § § 88a to 88f. To the extent that this section does not contain any specific provisions or where the request has not been drawn up in accordance with the framework decision, the provisions of the fourth part and the general provisions of the first and seventh parts shall be of this law. Unofficial table of contents

§ 88a Conditions of admissibility

(1) By way of derogation from Section 49 (1), enforcement of a court order of the decay or confiscation sent to a certain amount of money or property pursuant to the Framework Decision is confiscation. is allowed only if:
1.
a competent authority of another Member State of the European Union has requested, on presentation of the documents referred to in § 88b, and
2.
also in accordance with German law, notwithstanding any obstacles to the proceedings and, where appropriate, in the event of a reasonable change in the facts, such an arrangement as a result of the act on which the foreign order or confiscation is based, may have been taken, notwithstanding the second sentence of Article 73 (1) of the Criminal Code,
a)
except in the case of a request for enforcement of a measure corresponding to paragraph 73d or section 74a of the Criminal Code, the double criminality shall not be considered if the act on which the request is based is based on the law of the requesting Member State is punishable by a maximum term of imprisonment of at least three years and is associated with the groups of offences referred to in Article 6 (1) of the Framework Decision, and
b)
Enforcement in tax, duty, customs or monetary matters shall also be permitted if German law does not impose similar taxes or charges or does not contain similar tax, duties, customs or monetary provisions as the law of the requesting Member State.
(2) The execution of an order of decay or confiscation sent in accordance with paragraph 1 shall be inadmissible if:
1.
the offence has been committed in the country or in one of the means of transport referred to in Article 4 of the Criminal Code and is not punishable under German law;
2.
the person concerned has not appeared in person on the basis of the trial on which the decay or confiscation order has been made;
3.
the person concerned has already been legally devicted by a Member State other than the requesting Member State, on the basis of the same act on which the request is based, provided that this penalty has already been enforced, is enforced or cannot be enforced under the law of the judgment state unless the decay or confiscation could be ordered independently in accordance with Section 76a of the Criminal Code;
4.
in the case of offences for which German criminal law applies, enforcement shall be statute-barred in accordance with German law, unless an arrangement of the decay or confiscation could take place in accordance with Section 76a (2) (1) of the Penal Code.
(3) The execution of an arrangement of decay or confiscation sent in accordance with paragraph 1 shall, however, notwithstanding paragraph 2 (2), be permitted where:
1.
the person concerned
a)
timely
aa)
was personally invited to the hearing that led to the decision, or
bb)
In other ways, it has been officially notified of the scheduled date and place of the trial, which led to the decision, so that it has been proven beyond doubt that the person concerned has been informed by the trial Knowledge, and
b)
was pointed out that a decision can also be taken in their absence,
2.
the person concerned, having regard to the proceedings against which a defender was involved, prevented a personal charge from escaping, or
3.
the data subject has, in the knowledge of the trial, authorized a defender to defend it in the trial and was actually defended by the person in the trial.
(4) The execution of an arrangement of decay or confiscation sent in accordance with paragraph 1 shall also be allowed, by way of derogation from paragraph 2, point 2, if the person concerned has been notified of the decision after the decision has been delivered
1.
has expressly declared not to contest the decision taken, or
2.
has not applied for a retrial or an appeal within the time limits laid down.
The person concerned must first of all express his or her right to a retrial or to an appeal in which he/she may participate and in respect of which the facts, including new evidence, are re-examined and the original Decision to be lifted, has been lectled. Unofficial table of contents

§ 88b Documents

(1) The requesting Member State shall submit the original or a certified copy of a final judicial decision with a certificate provided for in Article 4 of the Framework Decision, which shall contain the following information:
1.
the name and address of the court, which has ordered the decay or confiscation;
2.
the names and addresses of the judicial authorities responsible for the request;
3.
the exact designation of the natural or legal person against which the decision is to be carried out;
4.
the indication of the amount of the money or the description of another asset which is to be the subject of enforcement;
5.
the presentation of the reasons for the order;
6.
the description of the circumstances in which the offence was committed, including the time of the offence and the crime of the crime;
7.
the nature and legal assessment of the offence, including the legal provisions on the basis of which the decision has been taken and
8.
the information on the personal appearance of the person concerned at the hearing or information on why the appearance was not necessary.
(2) Where a certificate referred to in paragraph 1 does not exist, or is incomplete or does not correspond to the decision to be executed, when the request is submitted, the competent authority may set a time limit for the submission of the certificate or Complete or rectify. If the certificate referred to in paragraph 1 is incomplete but the information required is obtained from the decision to be carried out or from other documents annexed thereto, the competent authority may, on the basis of a completed decision, give the competent authority the following: Renounce the certificate. Unofficial table of contents

§ 88c Reasons for refusal

A request pursuant to § 88a may be refused only if:
1.
the certificate referred to in Article 4 of the Framework Decision confiscation by the requesting Member State has not been submitted, completed or rectified in a procedure in accordance with Article 88b (2) sentence 1;
2.
the offence has been committed in the country or in one of the means of transport referred to in Article 4 of the Criminal Code;
3.
the offence has not been committed either domestically or in the territory of the requesting Member State and does not apply to German criminal law or is not punishable by law under German law;
4.
in the territory of the country concerned, an arrangement of the decay or confiscation which relates to the same assets and, in the interests of public interest, priority shall be given to the enforcement of that order; or
5.
a request for the execution of an order for the decay or confiscation from another State relating to the same assets and, in the public interest, given priority to the enforcement of that order .
Unofficial table of contents

§ 88d Procedure

(1) In the event that the Public Prosecutor's Office responsible in accordance with § § 50 and 51 considers that the request is admissible and does not intend to invoke any grounds for refusal in accordance with Section 88c, it shall initiate appropriate and necessary measures to ensure that the public prosecutor's office is in a position to insure that the refusal is made. the assets to be executed, in accordance with sections 111b to 111d of the Code of Criminal Procedure, and shall give the person concerned and third parties who could invoke the circumstances of the case in accordance with the rights of the object to be executed, Opportunity to speak. If the Public Prosecutor's Office decides not to make use of the grounds for refusal pursuant to Section 88c (1) to (3), it shall justify this decision in the application for a court decision on enforceability. (2) The competent authority may: Postpone the procedure
1.
as long as it is to be assumed that the order will be fully enforced in another Member State at the same time, or
2.
as long as the procedure for the recognition and enforcement of the foreign order could affect ongoing criminal proceedings and enforcement proceedings.
(3) By way of derogation from Section 54 (1), the foreign order shall be declared enforceable by the court in accordance with § § 50 and 55, to the extent that their enforcement is admissible and the prosecution's discretion, not on the grounds of refusal pursuant to § 88c Number 1 to 3, has exercised error free of error. The formula shall also indicate the amount of money or the object of the asset to be executed. Section 54 (2a) and (4) shall apply accordingly. The sanction imposed is to be converted into the sanction most appropriate to it in German law, if the decision formula of the foreign order is not enforceable in accordance with § 459g of the Criminal Procedure Code. Unofficial table of contents

§ 88e Enforcement

(1) Paragraph 57 (1) shall apply with the proviso that the jurisdiction for the execution of a foreign order shall also be governed by the provisions of the Juvenile Justice Act, if the sanction is not converted in accordance with § 88d (3) sentence 4 (2) Paragraph 57 (4) shall apply in accordance with the condition that the order of detention for the purpose of giving an afficionary insurance over the property shall be subject to the or on the whereabout of property only with the consent of the competent authorities the authority of the requesting Member State. (3) Enforcement may be suspended under the conditions laid down in § 88d (2). Unofficial table of contents

§ 88f Distribution of income

The proceeds from the execution shall be divided in half with the competent authority of the requesting Member State if, without deduction of costs and compensation benefits (§ 56a), it is more than EUR 10 000 and no agreement pursuant to section 56b (1) has been taken. This shall not apply if the consent required in accordance with Section 56b (2) has been refused. Unofficial table of contents

Section 89 Security measures

At the request of a Member State of the European Union, to find a seizance measure in accordance with § § 111b to 111d of the Code of Criminal Procedure in preparation of a decision to withdraw or to expire in the requesting Member State § § 91 and 94 to 96 corresponding application. Unofficial table of contents

Section 90 Outbound requests

1. The competent authorities may address requests for the enforcement of an order of decay or confiscation in accordance with the framework decision, confiscation to another Member State of the European Union. A similar request may be addressed to another Member State only if:
1.
the legitimate reason for believing that a particular or different property covered by the decision to be carried out could be located in different Member States, or
2.
the execution of a particular asset or of a sum of money requires that the request be made to several Member States.
(2) Not yet completed requests shall be withdrawn as soon as the conditions set out in paragraph 1 are no longer available. (3) If the order of the decay or confiscation is related to a particular subject, the competent enforcement authority may: (4) § 71 (5) and § § 71a and 72 are to be applied from the sixth part of this law.

Section 4
Best practices and alternative sanctions

Subsection 1
Monitoring of foreign probation measures and alternative sanctions in the Federal Republic of Germany

Unofficial table of contents

§ 90a Principle

(1) In accordance with this subsection, the enforcement assistance for another Member State of the European Union shall be governed by the provisions of Council Framework Decision 2008 /947/JHA of 27 November 2008 on the application of the principle of mutual recognition to the European Union Recognition of judgments and probation decisions with a view to the supervision of suspensory measures and alternative sanctions (OJ C 327, 22.4.2004, p. 102), as set out in Council Framework Decision 2009 /299/JHA (OJ L 337, 27.12.2009, p. 24) (Framework Decision on probation). (2) The provisions of the Fourth Part and the general provisions of the First and Seventh Part of this Act shall apply,
1.
where this sub-section does not contain any special arrangements, or
2.
if a request has not been made in accordance with the Framework Decision on probation.
(3) This sub-section shall be subject to the international agreements referred to in Article 1 (3), in so far as it contains final provisions. Unofficial table of contents

§ 90b Conditions of admissibility

(1) By way of derogation from § 49, the execution of a foreign recognition and the supervision of the suspensory measures or alternative sanctions based on it shall only be permitted in accordance with the Framework Decision on probation of probation, if:
1.
a court of another Member State has issued a legally binding and enforceable knowledge,
2.
the court
a)
it has suspended the execution of a custodianal sanction imposed in the cognation,
b)
the execution of the restes of a custodianship of a custodianship has been suspended, or
c)
has imposed one of the alternative sanctions referred to in paragraph 6 against the convicted person and has determined a penalty-free sanction in the event of a breach of the sanction,
3.
the penalty imposed by the court or determined in accordance with point (2) (c) may be converted into a sanction in the cases of Article 90h (5), which is the most appropriate in German law,
4.
also in accordance with German law, notwithstanding any obstacles to the proceedings and, where appropriate, in the event of a reasonable conversion of the facts, a penalty, a measure of improvement and security or a fine would have been imposed on the basis of the fact that the facts were based on the knowledge may be imposed,
5.
the convicted person
a)
has German nationality or is legally resident in the Federal Republic of Germany and is not subject to a procedure for the termination of the stay; and
b)
is in the Federal Republic of Germany, and
6.
the convicted person has been subject to one of the following suspensing measures, or has been subject to one of the following alternative sanctions:
a)
the obligation to communicate to a specific authority any change of residence or change of employment,
b)
the obligation not to enter certain places, places or designated areas in the other Member State or in the Federal Republic of Germany,
c)
an obligation which includes restrictions on leaving the territory of the Federal Republic of Germany,
d)
an obligation which concerns the conduct, residence, training and training or leisure activities, or which includes restrictions or arrangements for the pursuit of a professional activity,
e)
the obligation to report to a particular authority at certain times,
f)
the obligation to avoid contact with certain persons,
g)
the obligation to avoid contact with certain items which have been or could be used by the convicted person for the commission of a criminal offence,
h)
the obligation to make financial reparation for the damage caused by the act;
i)
the obligation to provide evidence that the obligation laid down in point (h) has been complied with,
j)
the obligation to provide evidence that the damage has been financially recovered,
k)
the obligation to provide a non-profit-making service,
l)
the obligation to cooperate with a probation officer or a probation officer,
m)
an obligation to undergo a medical treatment associated with a physical intervention or an educational cure, provided that the convicted person and, where appropriate, her guardian and legal representative, have given their consent,
n)
the obligation to make good use of the damage caused by the act,
o)
the obligation of a person who, at the time of the crime, 21. to apologise personally to the injured person,
p)
the obligation to pay a sum of money in favour of a non-profit-making body, if it is appropriate in view of the act and the personality of the perpetrator, or
q)
other obligations which are likely to assist the convicted person not to commit criminal offences or to regulate the life of the convicted person, who at the time of the act has not completed the twenty-first year of life, and by doing so, to promote and secure their upbringing.
The decision referred to in point 2 (b) of the first sentence may also be taken by another competent authority of the other Member State, rather than by a court. (2) By way of derogation from the first sentence of the first sentence of paragraph 1, the enforcement of the recognition shall be and the monitoring of the probation measures or alternative sanctions in tax, customs and monetary matters based thereon, if German law does not contain similar tax, customs and monetary provisions as (3) Monitoring of suspensor of suspensor of the Member State of the Member State of the Union alternative sanctions, but not the execution of the foreign recognition is also permissible if:
1.
the Court of First Instance instead of the decisions referred to in the first sentence of paragraph 1
a)
the convicted person has imposed one of the alternative sanctions referred to in the first sentence of paragraph 1, point 6, and if, in the event of a breach of the sanction, it has not determined a penalty-free sanction,
b)
the sentence has been caused by the fact that one or more suspensing measures have been imposed on the convicted person, or
c)
the convicted person has imposed one or more suspensity measures instead of a deprivation of freedom,
2.
by way of derogation from the first sentence of the first sentence of paragraph 1, the penalty-free penalty in the cases referred to in Article 90h (5) cannot be converted into a sanction which is most appropriate to it in German law; or
3.
by way of derogation from the first sentence of paragraph 1, point 4, under German law, because of the act on which the knowledge is based, no penalty, measure of improvement and security or fine could be imposed.
Unofficial table of contents

Section 90c Additional requirements for admissibility

(1) The execution of the recognition and the supervision of the suspensory measures or alternative sanctions shall not be permitted if:
1.
the convicted person was, at the time of the act, culpable in accordance with Section 19 of the Criminal Code or under criminal law not in accordance with Section 3 of the Juvenile Justice Act,
2.
the convicted person has not appeared in person for the trial, which is based on the knowledge,
3.
the convicted person
a)
for the same act on which the knowledge is based, has already been given a final judgment by a Member State other than that in which the recognition has been received; and
b)
has been convicted of a sanction and has already been executed, is enforceable or cannot be enforced in accordance with the law of the State in which the judgment is given, or
4.
for the fact that is based on the knowledge, the German jurisdiction is also well founded and the enforcement is statute-barred under German law or would be statute-barred if the facts were to be changed in the appropriate way.
(2) By way of derogation from paragraph 1 (4) and Article 90b (1), first sentence, point 4, the execution of a recognition imposed in another Member State and the supervision of the suspensory measures or alternative sanctions based on them may be shall be declared admissible if the convicted person has requested this. The request of the convicted person in accordance with the first sentence shall be declared on the record of a judge. The application cannot be withdrawn. The convicted person has previously been informed of the legal consequences of their application and of the fact that it cannot be withdrawn. If the conditions referred to in Article 90b (1), first sentence, point 4 are not available, the maximum amount of conversion of the sanction pursuant to § 90h (4) and 5 (5) shall be two years ' imprisonment. (3) Enforcement of the provisions of paragraph 1 (2) shall be subject to the provisions of paragraph 1 (2). the recognition and monitoring of the probation measures or alternative sanctions based on them, if:
1.
the convicted person
a)
timely
aa)
was personally invited to the hearing that led to the realization, or
bb)
In other ways, was actually officially informed of the scheduled date and place of the trial, which led to the realization, so that it has been proven beyond doubt that the sentenced person from the scheduled trial Knowledge, and
b)
was pointed out that a realization can also be seen in their absence,
2.
the convicted person, in the knowledge of the proceedings against whom a defender was involved, prevented a personal charge from escaping, or
3.
the convicted person, in the knowledge of the trial, has authorized a defender to defend it in the trial and has been effectively defended by the trial in the trial.
(4) By way of derogation from paragraph 1 (2), the execution of the recognition and the supervision of the suspensory measures or alternative sanctions based thereon shall also be admissible if the convicted person, after the recognition of the recognition
1.
has expressly stated that it does not contest the previous knowledge, or
2.
has not applied for a retrial or an appeal within the time limits laid down.
The convicted person must first express his or her right to a retrial or to an appeal procedure to which she may participate and in which the facts, including new evidence, are re-examined and the the original decision may have been annulled. Unofficial table of contents

§ 90d Documents

(1) The execution of a foreign recognition and the supervision of suspensory measures or alternative sanctions in accordance with the Framework Decision on probation of probation shall be permitted only if the other Member State shall forward the original or a certified copy of the recognition and, where appropriate, the probation decision, together with a fully completed certificate, to the form set out in Annex I to the framework decision Probation monitoring in the valid version in each case. (2) However, if the certificate referred to in paragraph 1 is incomplete, the competent authority may waive the presentation of a completed attestation if the necessary information is obtained from the knowledge to be carried out or from other accompanying documents. Unofficial table of contents

§ 90e Obstacles To Consent

(1) The authorization of the execution of a foreign recognition and the supervision of the suspensory measures or alternative sanctions based on them, provided that the execution and the supervision according to § § 90b to 90d are admissible shall be rejected only if one or more of the following conditions are met:
1.
the certificate (§ 90d (1))
a)
in respect of information required in the form, is incomplete or does not appear to correspond to the foreign knowledge or to the probation decision; and
b)
the other Member State does not complete or rectify this information,
2.
the recognition is to be carried out against a person with a German nationality who does not have his normal place of residence in the Federal Republic of Germany,
3.
the deed has been committed to a substantial part in the Federal Republic of Germany or in one of the means of transport referred to in § 4 of the Criminal Code; or
4.
the duration of the probation measure or of the alternative sanction shall be less than six months.
(2) The authorization of a foreign recognition pursuant to § § 90b to 90d, but not the monitoring of suspensory measures or alternative sanctions based on it, can also be refused if the The Public Prosecutor's Office or the Court of First Instance found that the foreign knowledge was only partially enforceable and could not reach agreement with the competent authority of the other Member State on the extent to which the finding was carried out. . Unofficial table of contents

Section 90f Provisional Authorisation Decision

(1) The public prosecutor's office responsible pursuant to § 50 sentence 2 and § 51 shall decide on the authorisation of the execution of the foreign recognition and the supervision of the probation measures or alternative sanctions based on it. It shall give the convicted person an opportunity to express his views. This may be waiver if an opinion of the convicted person is already available. (2) If the Public Prosecutor's Office decides not to invoke the obstacles to the authorization pursuant to § 90e, it shall state the reasons for this decision in the application court decision on the enforceability of the foreign recognition and the admissibility of the supervision of probation measures or alternative sanctions. (3) The prosecutor's office agrees to the execution of the foreign Recognition and monitoring of the suspensory measures or alternative sanctions in the Federal Republic of Germany, it shall justify this decision. The Public Prosecutor's Office shall issue a decision to the convicted person if the convicted person is in the course of the execution of the foreign recognition and supervision of the suspensory measures or alternative sanctions in the Federal Republic of Germany has agreed. The convicted person may submit an application for a court decision within two weeks of notification. § § 297 to 300 and 302 (1) sentence 1, paragraph 2 of the Code of Criminal Procedure on legal remedies and § § 42 to 47 of the Code of Criminal Procedure on periods of time and re-establishment of rights apply accordingly. (4) Instead of the supervision of the The public prosecutor's office may also alone monitor the suspensory measures or alternative sanctions, either as a result of probable measures or alternative sanctions, together with the execution of the foreign recognition referred to in paragraph 3. Willing. The Public Prosecutor's Office shall justify this decision in the application for a court decision on the admissibility of the supervision of suspensory measures or alternative sanctions. Unofficial table of contents

§ 90g Court of Justice

(1) The district court competent pursuant to § 50 sentence 1 and § 51 decides at the request of the prosecutor's office pursuant to § 90f (2) and (4) sentence 2 or at the request of the convicted person in accordance with § 90f (3) sentence 3. The public prosecutor's office is preparing the decision. (2) The court shall send the convicted person a copy of the documents listed in § 90d, to the extent that this is necessary for the exercise of their rights. (3) In the case of a request by the Prosecutor's office for a court decision on the enforceability and admissibility of the surveillance pursuant to § 90f (2) or on the admissibility of the surveillance pursuant to § 90f (4) sentence 2 is the convicted person in addition to the transcript to deliver a copy of the decision in accordance with Section 90f (2) and (4) sentence 1 in accordance with paragraph 2. The convicted person shall be invited to submit his comments within a time limit to be determined by the court. (4) For the judicial preparation of the decision, Section 52 (1) shall apply, with the proviso that: the competent authority in the other Member State must also have been given the opportunity to provide additional documents if the documents submitted are not sufficient to assess whether the public prosecutor's office is free to exercise its discretion . A time limit may be set for the submission of the documents. (5) § 30 (2) sentence 2 shall apply accordingly, with the proviso that the court may also establish whether the public prosecutor's office has exercised its discretion without error. § 30 (2) sentence 4, paragraph 3 and § 31 (1) and (4) shall apply accordingly. If the convicted person is within the scope of this Act, the first sentence of Article 30 (2) and the second sentence of Article 31 (2) and (3) shall apply accordingly. Unofficial table of contents

§ 90h Judicial decision

(1) The Landgericht decides on the requests for a court decision pursuant to § 90f (2), (3) and (4) by decision. (2) Are the provisions on the application for a court decision by the sentenced person in accordance with § 90f (3) sentence 3 and 4, the court shall dismiss the application as inadmissible. The decision is indisputable. (3) By way of derogation from § 54 (1), the court declares the foreign knowledge pursuant to § 50 sentence 1 and § 55 subject to the condition that the sentence of the sentence revoked or against the convicted person the previously determined deprivation of the custodianty measures, enforceability and supervision of suspensory measures or alternative sanctions, in so far as the execution of the foreign recognition and the supervision of the suspensory measures or measures is applicable, or Alternative sanctions are allowed and the prosecutor's office
1.
their discretion to disclaim any obstacle to the granting of consent pursuant to § 90e, has been exercised without error or
2.
their discretion to invoke authorisations pursuant to § 90e, has exercised an error and is not justified by any other discretionary decision; if, however, a different discretion is taken into consideration, the Court of First Instance annuls the decision of the The Public Prosecutor's Office shall return the file to the Public Prosecutor's Office for a renewed exercise of discretion, in accordance with the legal opinion of the General Court.
(4) If the deprivation of freedom which has been imposed by the foreign knowledge is exceeded, the maximum measure which is likely to be threatened in the scope of this law shall be reduced by the court to that maximum. (5) In its decision pursuant to paragraphs 3 and 4, the court converts the sentence imposed or previously determined by a deprivation of freedom to the law most appropriate to it in German law. Deprivation of freedom by, if:
1.
the imposed or previously determined deprivation of freedom of its kind does not correspond to a sanction which provides for the law applicable within the scope of this Act; or
2.
the convicted person at the time of the act the 21. In accordance with Article 54 (3), the following shall apply mutatily.
The amount of the converted sanction shall be determined by the foreign knowledge; the converted sanction shall not aggravate the penalty imposed in the other Member State by type or duration. (6) By way of derogation from paragraph 3, only the Surveillance of suspensing measures or alternative sanctions may be declared admissible if:
1.
only the supervision of the probation measures or alternative sanctions pursuant to § 90b (3) is admissible and the public prosecutor's office
a)
have exercised their discretion not to invoke authorisations pursuant to Section 90e (1), or have exercised any errors or errors, or
b)
their discretion to invoke authorisations pursuant to § 90e (1), has exercised an error and is not justified by any other discretionary decision; if, however, any other discretionary decision is taken, the Court of First Instance shall repeal the decision of the public prosecutor's office and shall return the file for renewed discretion in compliance with the legal opinion of the General Court, or
2.
The Public Prosecutor's Office has exercised its discretion to invoke the obstacle to conscription in accordance with Section 90e (2).
(7) In its decision under paragraphs 3 and 6, the court or tribunal shall convert the suspensing measures imposed on the convicted person or the alternative sanctions imposed on them to the conditions most appropriate to them under German law and instructions if:
1.
the imposed suspensing measures or the alternative sanctions imposed are not in accordance with the conditions and instructions provided for by the law applicable within the scope of this Act,
2.
the conditions for the adoption of the conditions and instructions in accordance with the law applicable within the scope of this Act are not fulfilled;
3.
the imposed suspensing measures or the alternative sanctions imposed on the life of the convicted person impose unreasonable requirements; or
4.
the suspensed suspensing measures or the alternative sanctions imposed are not sufficiently determined.
If the foreign knowledge or the probation decision provides for a probation period or a management supervision of more than five years, the court shall reduce the duration of the probation period or the supervision of management except in the cases of § 68c (2) and (3) of the Penal Code to the maximum of five years. If juvenile justice were to be applied under German law, the second sentence shall apply with the proviso that, in the case of a probation period or a management supervision of more than three years, the maximum amount shall be three years. The second sentence of Article 55 (1) shall apply with the proviso that the suspensory measures or alternative sanctions to be monitored and, where appropriate, the duration of the probation period shall also be indicated in the decision-making formula. Unofficial table of contents

Section 90i Approval after judicial decision

(1) The Public Prosecutor's Office may only authorise the execution of the foreign recognition and the supervision of the suspensory measures or alternative sanctions if the court has declared the foreign recognition enforceable and the Surveillance of probation measures or alternative sanctions declared admissible. If the Court of First Instance alone has declared that it is admissible, the Public Prosecutor's Office may only authorise the surveillance. (2) The Public Prosecutor's Office shall grant the enforcement and supervision in accordance with the final judicial judicial authority. Decision. The authorization shall be decided within 60 days after receipt of the documents referred to in § 90d in the case of the public prosecutor's office. A final decision to refuse consent is to be justified. (3) The decision of consent shall be unquestionable. Unofficial table of contents

§ 90j Supplementary provisions on enforcement

(1) Following the approval of the execution of the foreign recognition and the supervision of the probation measures based on it, the court responsible for the decision pursuant to § 90h shall monitor the life of the Convicted person, including the fulfilment of obligations and instructions, as well as of yaws and commitments. The Court of First Instance shall take all subsequent decisions relating to a suspension of enforcement of the probation, to the extent that the other Member State has suspended the surveillance. If the imposed or previously determined deprivation penalty has been converted in accordance with Article 90h (5) sentence 1 (2) into a sanction permitted under the Juvenile Law, the responsibility for the supervision of the lifestation of the (2) If a court of the other Member State has convicted the sentenced person against the convicted person, he or she shall not be subject to the law of the Court of Justice. Person, one or more of the alternatives referred to in Article 90b (1), first sentence, point 6 If sanctions are imposed and, in the event of non-compliance with the alternative sanctions, a penalty withdrawal is determined (Section 90b (1), first sentence, point 2 (c)), paragraph 1 shall apply with the proviso that the Court of First Instance shall comply with the provisions of The Court of Justice of the European Union shall monitor alternative sanctions and, where appropriate, impose on the convicted person the previously determined deprivation of freedom, if it is in accordance with § § 56f and 67g of the Criminal Code or in accordance with Section 26 of the Juvenile Justice Act the suspension of the enforcement of a custodianal penalty would be revoked. (3) The Court of First Instance shall inform the convicted person of:
1.
the importance of the suspension of the penalty or the rule on probation, the importance of alternative sanctions or the supervision of management,
2.
the duration of the probation period or the management supervision;
3.
the probation measures and
4.
the possibility to revoke the suspension or to impose the previously determined freedom-withdrawing sanction.
If the General Court has converted conditions and instructions in accordance with Section 90h (7) into instructions in accordance with Section 68b (1) of the Criminal Code, the court shall also inform the convicted person of the possibility of a punishment under Section 145a of the Criminal Code. The Chairman may entrust a commissioned or requested Judge with the instruction. (4) By way of derogation from § 57 (6), after the supervision of the probation measures or alternative sanctions in the Federal Republic of Germany begins , shall not be subject to enforcement and supervision unless:
1.
a competent body of the other Member State notifies that the conditions for enforcement and surveillance are no longer necessary due to a retrial, an amnesty or a decision of mercy, or
2.
the convicted person has fled the Federal Republic of Germany.
Enforcement and surveillance may also be waited if the convicted person does not have a lawful habitual residence in the Federal Republic of Germany or the other Member State has a criminal proceedings in another case against the convicted person has requested and requested an inspection of the execution and supervision. Unofficial table of contents

§ 90k Monitoring of convicted person

(1) If the public prosecutor's office alone has authorised the supervision of the suspensory measures or alternative sanctions, the court shall, during the probation period, only monitor the life of the convicted person and the observance of the person who has been imposed on it. Best practices or alternative sanctions to the extent that the other Member State has suspended surveillance. Article 90j (1) sentence 3 applies accordingly. (2) If the Public Prosecutor's Office has not authorized the execution of the recognition, the supervision of suspensory measures or alternative sanctions is permissible, because a case of § 90b (3) (1) or in the case of paragraph 2, or because the obstacle to consent pursuant to Section 90e (2) has been invoked without error, the Court of First Instance shall, in addition to the surveillance referred to in paragraph 1, take the following subsequent decisions:
1.
the reduction of the period of probation or management supervision to the minimum;
2.
the extension of the period of probation or supervision to the maximum, and
3.
the issuing, modification and cancellation of conditions and instructions, including instructions, to the convicted person for the duration or part of the probation period of the supervision and management of a probation officer or a probation officer sign-up.
Article 90j (1) sentence 3 shall apply accordingly. (3) After the beginning of the surveillance of the suspensing measures or alternative sanctions, the surveillance shall be waited if:
1.
notifies a competent body of the other Member State that the conditions for monitoring are not met,
2.
the convicted person has fled from the Federal Republic of Germany, or
3.
the court would revoke a suspension on probation or impose a deprivation of freedom against the convicted person.
(4) The court shall immediately inform the competent authority of the other Member State of:
1.
any breach of any suspensory measure or alternative sanction if, in accordance with paragraph 1, during the probation period alone, it monitors the life of the convicted person and the observance of the suspensory measures and alternative sanctions,
2.
the subsequent decisions referred to in paragraph 2 and
3.
the monitoring of the surveillance referred to in paragraph 3.
For the purposes of the information provided for in the first and second sentences of the first sentence and the notification of the monitoring referred to in point 3 of the first sentence of the first sentence of paragraph 3 in conjunction with point 3 of the first sentence of paragraph 3, the monitoring provided for in Annex II to the framework decision shall be: (5) § 90j (3) shall apply mutagens in accordance with the condition that the court has the sentenced person instead of the possibility to withdraw the suspension or the previously determined deprivation of the deprivation of freedom pursuant to § 90j (3) sentence 1, point 4, on the possibility of being informed of the monitoring referred to in the first sentence of paragraph 3 Number 3.

Subsection 2
Monitoring of German probation measures in another Member State of the European Union

Unofficial table of contents

Section 90l Authorisation of enforcement and supervision

(1) By way of derogation from § 71, the executing authority may, in accordance with the framework decision on probation, transfer the following to another Member State:
1.
the execution of a custodial sentence imposed within the scope of this Act, the execution of which has been suspended or has been suspended for the purpose of probation; and
2.
the supervision of the conditions and instructions given to the convicted person for the duration or for part of the probation period.
Enforcement in accordance with the first sentence of the first sentence may be transferred only together with the surveillance provided for in the first sentence of sentence 1. The Enforcement Authority shall give the convicted person an opportunity to express his views. This may be waited if the convicted person has submitted an application for the transfer of enforcement and supervision to the other Member State. (2) If the convicted person is in the Federal Republic of Germany, the convicted person shall be entitled to: Enforcement authority shall only grant the transfer of enforcement and supervision if the convicted person has agreed to it. The consent of the convicted person shall be declared a judge's protocol. It cannot be revoked. The convicted person shall be informed of the legal consequences of their consent and their unrevocability. (3) The enforcement authority shall have the convicted person informed of the decision, a request for enforcement and supervision on a other Member States, to inform in writing. If the convicted person is in the territory of the other Member State, the executing authority may ask the competent authority to forward the information to the convicted person. All opinions delivered by the convicted person and their legal representative shall be enclosed in written form to the request for enforcement. (4) The executing authority may withdraw a request for enforcement and surveillance, if the other Member State has not yet begun monitoring. (5) The enforcement authority does not agree that the enforcement of a custodianship penalty referred to in the first sentence of the first subparagraph of paragraph 1 and the supervision of the conditions and conditions of the sentence shall not be complied with. Transfer to another Member State in accordance with the first sentence of the first paragraph of paragraph 1 , or shall withdraw a request in accordance with paragraph 4, it shall justify this decision. The executing authority shall make the decision of the convicted person, provided that the convicted person has consented to the execution and supervision in the other Member State. The convicted person may submit an application for a court decision within two weeks of notification. § § 297 to 300 and 302 (1) sentence 1, paragraph 2 of the Code of Criminal Procedure on legal remedies and § § 42 to 47 of the Code of Criminal Procedure on time limits and reinstatation to the previous level apply accordingly. Unofficial table of contents

§ 90m Court proceedings at the request of the convicted person

(1) The Oberlandesgericht (Oberlandesgericht), which is competent pursuant to § 71 (4) sentences 2 and 3, decides on the request of the convicted person in accordance with § 90l (5) sentence 3 by decision. The executing authority shall prepare the decision. § 13 (1) sentence 2, § 30 (2) sentence 2 and 4, paragraph 3, § 31 (1) and (4) as well as § § 33, 42 and 53 shall apply accordingly. If the convicted person is within the scope of this Act, Section 30 (2), first sentence, and § 31 (2) and (3) shall also apply. (2) The provisions on the application for a court decision by the convicted person shall be deemed to have been filed. (3) The application of the convicted person to a court decision shall be rejected by a decision as unfounded, if:
1.
it is inadmissible in accordance with the framework decision for probation and in accordance with Article 90l (1), the execution of a recognition and supervision of the conditions laid down in that law and the supervision of the conditions and instructions which are based on that act to transfer another Member State, or
2.
the executing authority has exercised its discretion in accordance with the first sentence of Article 90l (1) and (4).
(4) Where the convicted person's request for a court decision is admissible and well founded and a discretionary decision other than that taken by the executing authority is not justified, the court shall declare the enforcement of the Sanction in accordance with Section 90l (1) (1) (1) and the supervision of the obligations and instructions provided for in Article 90l (1), first sentence, point 2 in the other Member State shall be admissible. If, however, a different discretion is taken into consideration, the court annuls the decision of the executing authority and submits it back to the file for a renewed exercise of discretion, in compliance with the legal opinion of the court. (5) The Enforcement authority shall authorise the enforcement and supervision in the other Member State in accordance with the final judicial decision. The grant decision shall be indisputable. Unofficial table of contents

§ 90n Inlongdisches enforcement proceedings

(1) The German enforcement authority shall depart from the execution and supervision in so far as the other Member State has taken over and carried out it. It may continue enforcement and surveillance as soon as the other Member State has informed it that it is subject to further enforcement and supervision. (2) The other Member State shall have the obligations and instructions issued by the convicted person. If a person has been granted, converted or subsequently changed for a period of time or for a part of the probation period, the competent court shall convert the conditions and instructions in accordance with § 90h (7) sentence 1. The court is responsible for the decisions to be taken in accordance with Section 453 of the Code of Criminal Procedure or in accordance with Section 58 of the Juvenile Justice Act. (3) The other Member State has the probation period of more than half of the first , the Court of First Instance shall reduce the duration of the period of probation to that maximum, provided that the extended period of probation exceeds five years. If juvenile justice was to be applied under German law, the second sentence shall apply with the proviso that the maximum amount shall be four years. The services which the convicted person has provided in order to comply with conditions, offers, instructions or undertakings in the other Member State shall be credited.

Section 5
Monitoring of measures to avoid pre-trial detention

Unofficial table of contents

§ 90o Principle

(1) In accordance with this Section, the enforcement assistance for and the enforcement of the enforcement order to another Member State of the European Union shall be governed by the provisions of Council Framework Decision 2009 /829/JHA of 23 June 2001 on the application of the Directive. October 2009 on the application, between the Member States of the European Union, of the principle of mutual recognition to decisions on surveillance measures as an alternative to pre-trial detention (OJ L 327, 28.12.2009, p. 20) (framework decision on supervision). (2) As far as this section does not contain any specific provisions, the general provisions of the first and seventh parts of this Act shall apply. § 53 applies accordingly. (3) This section shall be subject to the provisions of international law referred to in Article 1 (3), in so far as it contains final regulations. Unofficial table of contents

§ 90p Conditions of admissibility

(1) Obligations and instructions issued by another Member State of the European Union in accordance with its national law and proceedings against a natural person in order to avoid pre-trial detention (measures), may be subject to the following conditions: Federal Republic of Germany. Monitoring shall be permitted only if:
1.
also under German law, notwithstanding any obstacles to the proceedings and, where appropriate, in the event of a reasonable conversion of the facts, a penalty or a measure of improvement and security shall be imposed on the basis of the act on which the decision is based could,
2.
the person to be supervised agrees to return to the Federal Republic of Germany or to remain there, after having been informed of the measures,
3.
the person to be monitored
a)
is of German nationality or is legally resident in the Federal Republic of Germany, or
b)
Intends to establish immediately its habitual residence in the Federal Republic of Germany and fulfils the conditions for entry into and residence in the Federal Republic of Germany and
4.
One or more of the following measures shall be monitored:
a)
the obligation to communicate to a specific authority any change of residence,
b)
the obligation not to enter certain places, places or designated areas in the Federal Republic of Germany or in the other Member State,
c)
the obligation to reside in a specific place, where appropriate at a certain time,
d)
an obligation to restrict the abandonation of the Federal Republic of Germany,
e)
the obligation to report to a particular authority at certain times,
f)
the obligation to avoid contact with certain persons,
g)
the obligation to abstain from certain activities related to the offence covered by the burden of the offence,
h)
the obligation to deposit a certain reasonable amount of money or to provide other security services, either in fixed rates or as a total amount,
i)
the obligation to avoid contact with certain items relating to the offence covered by the burden.
(2) By way of derogation from the second sentence of paragraph 1, point 1, the supervision of measures in tax, customs and monetary matters shall also be permitted where German law does not contain similar fiscal, customs and monetary provisions as the law of the (3) The monitoring of a measure shall be inadmissible if:
1.
the person to be monitored was unable to become liable in accordance with Article 19 of the Criminal Code at the time of the act, or was not responsible for criminal proceedings in accordance with Section 3 of the Juvenile Justice Act,
2.
the person to be monitored
a)
for the same act on which the decision is based, has already been legally dismissed by a Member State other than that in which the decision was taken, and
b)
in the case of conviction for a sanction, it has already been enforced, is enforceable or cannot be enforced in accordance with the law of the State in which the judgment is given, or
3.
in the case of offences for which German jurisdiction is also justified, the prosecution would be statute-barred under German law.
Unofficial table of contents

§ 90q Documents

(1) Monitoring of a measure in accordance with the framework decision supervision order shall be permitted only if the other Member State has the original or a certified copy of the enforceable decision on measures taken together with: a fully completed certificate for which the form referred to in Annex I to the Framework Decision on supervision is to be used, as amended. (2) If the certificate referred to in paragraph 1 is Incomplete, however, the required information is obtained from the decision or from any other accompanying documents, the competent authority may waive the presentation of a completed certificate. Unofficial table of contents

§ 90r Obstacles to authorization

The authorization of a monitoring of the measures permitted in accordance with § § 90p and 90q can only be refused if:
1.
the certificate (§ 90q (1)) is incomplete or does not appear to be in conformity with the decision and the other Member State has not completed or corrected the information in full or in a rectified manner,
2.
in the event of a breach of a measure, it would have to be refused to extradit the person to be monitored,
3.
in the case of a person who has a lawful habitual residence in the Federal Republic of Germany, a procedure for the termination of the stay is carried out, or
4.
in the case of section 90p (1), second sentence, point 3 (b), the supervision of the person to be monitored can be better guaranteed in the individual case in another Member State.
Unofficial table of contents

Section 90s Provisional Authorisation Decision

(1) The public prosecutor's office responsible in accordance with § 51 shall decide whether the monitoring shall be granted. (2) The public prosecutor's office shall give the person to be monitored the opportunity to comment if their opinion is not yet (3) If the Public Prosecutor's Office decides not to invoke the obstacles to the approval pursuant to Section 90r, it shall justify this decision in the application for a court decision on the admissibility of the monitoring takeover. The competent authority of the other Member State shall be informed by the Public Prosecutor's office of the application for a court decision on the application of the application.
1.
the reasons why it would have to be refused in the event of a breach of a measure to extradit the person to be monitored; and
2.
the non-assertion of the consent of the consents.
(4) The Public Prosecutor's Office does not consents to the assumption of supervision, it shall justify this decision. The public prosecutor's office shall make the decision to the person to be monitored. The person to be monitored may submit a request for a court decision within two weeks of the date of notification of the negative decision to grant the consent. § § 297 to 300 and 302 (1) sentence 1, paragraph 2 of the Code of Criminal Procedure on legal remedies and § § 42 to 47 of the Code of Criminal Procedure on time limits and reinstatation to the previous level apply accordingly. Unofficial table of contents

§ 90t Court proceedings

(1) The district court shall decide, at the request of the public prosecutor's office pursuant to § 90s (3) sentence 1 or at the request of the person to be surveilled in accordance with § 90s (4) sentence 3. § 51 shall apply accordingly. The Public Prosecutor's Office is preparing the decision. (2) For the purposes of judicial preparation of the decision, § 52 (1) shall apply with the proviso that the competent authority must also have been given the opportunity in the other Member State, to provide supplementary documents if the documents submitted are not sufficient to assess whether the public prosecutor's office has exercised its discretion without error. The court may set a time limit for the submission of the documents. (3) § 30 (2) sentence 2 shall apply accordingly, with the proviso that the court may also establish whether the prosecution has exercised its discretion without error. § 30 (2) sentence 4, paragraph 3 and § 31 (1) and (4) shall apply accordingly. If the convicted person is within the scope of this Act, the first sentence of Article 30 (2) and the second sentence of Article 31 (2) and (3) shall apply accordingly. Unofficial table of contents

§ 90u Judicial admissibility decision

(1) The administrative court shall decide by decision on the requests for a court decision pursuant to § 90s (3) sentence 1 and (4) sentence 3. In the decision-making formula, the measures to be monitored must be precisely determined in the case of a decision to be taken. (2) The provisions on the application for a court decision by the person to be monitored under Article 90s (4) sentence 3 are not applicable. , the Court of First Instance shall dismiss the application as inadmissible. The decision shall be indisputable. (3) The General Court shall arrange for the monitoring of the measures, where such measures are admissible, and
1.
the public prosecutor's office has exercised its discretion not to invoke the granting of consent pursuant to Section 90r, or
2.
the public prosecutor's office has exercised its discretion to assert the grounds for granting consent in accordance with Section 90r, has exercised misgivings and is not justified by any other discretionary decision; considers, however, that the Court of First Instance takes a different decision on the matter the decision of the public prosecutor's office and shall return the file to the public prosecutor's office in accordance with the legal opinion of the court of law.
(4) The court converts the measures imposed on the person to be monitored, if:
1.
the conditions for the measures are not fulfilled in accordance with the law applicable within the scope of this Act, or
2.
the surveillance measures imposed are not sufficiently determined.
The measures taken must comply as far as possible with the measures imposed by the issuing State. They must not be more serious than the measures imposed by the issuing State. The conversion under this paragraph shall inform the competent authority of the other Member State without delay. (5) The Public Prosecutor's Office and the person to be monitored may lodge an immediate appeal against the decision of the Local Court. The second sentence of paragraph 2 shall remain unaffected. § 42 shall be applicable accordingly. Unofficial table of contents

§ 90v Approval after judicial decision

(1) The Public Prosecutor's Office may only authorise the acquisition of the supervision if it has been declared admissible by the court decision. The Public Prosecutor's Office shall authorise the monitoring in accordance with the enforceable judicial decision. This authorisation decision shall be indisputable. (2) The authorization shall be decided within 20 working days after receipt of the documents referred to in § 90q at the public prosecutor's office. If an immediate appeal has been filed against the court's decision pursuant to Section 90u (5), the time limit for the authorization shall be extended by another 20 working days. (3) If the public prosecutor's office is unable to do so due to exceptional circumstances, it shall not be possible. In accordance with paragraph 2, it shall immediately inform the competent authority of the issuing State, giving reasons for the delay and the time which is likely to be required for a decision. Unofficial table of contents

§ 90w Implementation of the monitoring

(1) The court responsible for the decision in accordance with Section 90u shall immediately monitor the measures after the granting of the surveillance takes place during the period specified by the competent authority of the other Member State. The Court of First Instance may, in whole or in part, hand over the surveillance to the Court of First Instance in whose district the person to be supervised has his habitual residence or, in the absence of a place of residence, his habitual residence. The charge is binding. (2) As far as the law provides for the hearing or participation of the prosecutor's office, the public prosecutor's office, which prepared the court admissibility decision, is responsible. The competent authority of the other Member State shall, without delay, inform the competent authority of the other Member State of its jurisdiction over the course of a charge referred to in the second sentence of paragraph 1.
1.
any change of residence of the person to be monitored,
2.
the fact that the place of residence of the person to be monitored is no longer to be determined in the federal territory; and
3.
any infringement of a measure and of any evidence which could result in a further decision in relation to a decision on the measures taken, which is the reproduced in Annex II to the Framework Decision on supervision Form a form in the version valid in each case.
(4) The Court of First Instance departs from the monitoring of measures where:
1.
the competent authority of the other Member State shall withdraw the certificate or inform it in any other appropriate manner that the monitoring of the measures shall be terminated,
2.
the place of residence of the person to be monitored in the Federal territory is no longer to be determined,
3.
the person under surveillance no longer has a lawful habitual residence in the territory of the country; or
4.
the competent authority of the other Member State has amended the measures in such a way that no measure is now available within the meaning of section 90p (1), second sentence, point 4.
The decision in accordance with the first sentence shall be taken by decision. (5) The Court of First Instance may depart from the supervision of the measure if the competent authority of the other Member State fails to take a further decision in relation to a decision on measures , although the Court of First Instance
1.
has repeatedly informed the competent authority of the other Member State with respect to the same person in accordance with paragraph 3 (3), and
2.
has set a reasonable time limit for the adoption of a further decision in the context of a decision on measures.
The decision pursuant to sentence 1 shall be taken by decision. (6) If the court has decided to stop the monitoring of the measures referred to in paragraph 5, it shall inform the competent authority of the other Member State thereof in writing with reasons. Unofficial table of contents

§ 90x Reviews and amended measures

The provisions of § § 90o to 90w shall also apply to the taking over and monitoring of renewed or amended measures, provided that no further examination pursuant to Section 90p (1), second sentence, points 2 and 3, paragraph 3, and the provisions of the provisions of § § 90r and 77 (2). In the case of decisions relating to renewed measures, no further examination shall be carried out in accordance with Section 90p (1), second sentence, point 4. Unofficial table of contents

§ 90y levy of supervision

(1) The court competent in accordance with Section 126 of the Code of Criminal Procedure may take surveillance measures adopted by a German court in order to avoid pre-trial detention for surveillance in accordance with the Framework Decision on supervision order to another Member State of the European Union. The transfer is only allowed if the person to be monitored
1.
in that Member State has its lawful habitual residence, and
2.
has agreed to return to that Member State after having been informed of the measures in question; or
3.
is already in force in that Member State.
The Court gives the public prosecutor the opportunity to comment. (2) By way of derogation from the second sentence of paragraph 1, points 1 and 2, the Court of First Instance may transfer the supervision of measures to another Member State of the European Union as the one in which: the person to be monitored has his/her lawful habitual residence, provided that the person to be monitored has submitted a request to the person to be monitored. (3) The court shall immediately inform the competent authority of the other Member State of
1.
any further decision in relation to a decision on measures and
2.
an appeal against a decision on measures.
(4) The court may ask the competent authority of the other Member State to extend the monitoring of the measures if:
1.
the competent authority of the other Member State has indicated for the admissibility of the supervision of measures a certain period of time,
2.
the period referred to in point 1 has expired, and
3.
the monitoring of the measures continues to be necessary.
(5) In a request referred to in paragraph 4, the following shall be stated:
1.
the reasons for the extension,
2.
the likely consequences for the person to be monitored, provided that the measures would not be extended, and
3.
the probable period of the extension.
Unofficial table of contents

Section 90z Return of the monitoring levy

(1) The court has to withdraw the certificate for the delivery of the surveillance if the conditions for the arrest warrant are not fulfilled. It may withdraw the certificate if:
1.
the competent authority of the other Member State has indicated that it has adapted the measures in accordance with the law applicable there,
2.
the competent authority of the other Member State has indicated that it can monitor the measures only for a limited period of time, or
3.
the competent authority of the other Member State has indicated that, in the event of a breach of the measures, it would have to refuse to extradit the person to be monitored.
In the cases referred to in the second sentence, the withdrawal shall be carried out before the date of the surveillance in the other Member State and no later than 10 days after receipt of the information by the competent court. (2) The Court of First Instance shall again be responsible for the supervision of the measures. competent if:
1.
the competent authority of the other Member State notifies that the person to be monitored has transferred his lawful habitual residence to a State other than that of the avised executing State,
2.
the court has amended the measures and the competent authority of the other Member State has refused to supervise the amended measures,
3.
the maximum monitoring period during which the measures may be monitored in the other Member State has expired,
4.
the competent authority of the other Member State has decided to cease the monitoring of the measures under the conditions laid down in Article 23 of the Framework Decision, and has informed the Court of First Instance of this.

Tenth part
Other mutual legal assistance with the Member States of the European Union

Section 1
General rules

Unofficial table of contents

Section 91 Priority of the Tenth Part

(1) In so far as this part does not contain any special provisions, the other provisions of this Act shall apply to other legal assistance transactions with the Member States of the European Union. (2) This part shall be subject to the provisions of Article 1 (3) of this Act. (3) § § 92 to 92b shall also apply in the framework of the mutual legal assistance system to the States which are responsible for the provisions of the Schengen acquis on the basis of a Association agreement with the European Union on the implementation, application and Applying the Schengen acquis (Schengen-associated states).

Section 2
Special forms of legal assistance

Unofficial table of contents

Section 92 Transmission of information, including personal data, to Member States of the European Union

(1) In response to a request from a law enforcement authority of a Member State of the European Union, in accordance with Council Framework Decision 2006 /960/JHA of 18 December 2006 on the simplification of the exchange of information and intelligence between the law enforcement authorities of the Member States of the European Union (OJ L 327, 89, L 75, 15.3.2007, p. 26), the competent police authorities of the federal and state governments may transmit information, including personal data, for the purpose of the prosecution of criminal offences. The transmission shall be carried out under the same legal conditions as a domestic police authority. The provisions of § 3 of the Federal Criminal Law Act concerning the international service of police officers of the Federal Government and of the Länder remain unaffected. (2) In the case of the transmission pursuant to paragraph 1, it must be reported that the use as evidence in a Court proceedings shall be inadmissible unless the authorising authority responsible for decisions on request for the fifth part has given its consent to use as evidence. Similarly, the authority responsible for the request to the Fifth Section shall also decide on a request for the subsequent authorisation of the use of the evidence as evidence. (3) The transmission of information, including personal data, shall be determined in accordance with Paragraph 1 shall be inadmissible if:
1.
this would impair the essential security interests of the federal or state governments,
2.
the data to be transmitted does not exist in the requested authority and can only be obtained by the taking of coercive measures; or
3.
the transmission of the data would be disproportionate or the data is not necessary for the purposes for which it is to be transmitted.
(4) The authorisation of a request pursuant to paragraph 1 may be refused if:
1.
the data to be transmitted does not exist in the requested authority, but can be obtained without the use of coercive measures; or
2.
This would endanger the success of an ongoing investigation or limb, life or freedom of a person, or
3.
the act to which the data is to be transferred shall be punishable under German law with a maximum term of imprisonment of a maximum of one year or less.
(5) As the law enforcement authority of a Member State of the European Union within the meaning of paragraph 1, each body designated by that State in accordance with Article 2 (a) of the Framework Decision 2006 /960/JHA shall apply. Unofficial table of contents

Section 92a Content of the request

The authorization of a request within the meaning of § 92 (1) sentence 1 shall be permitted only if the request contains the following information:
1.
the name and address of the law enforcement authority,
2.
the name of the offence for which the data are required to be prosecuted,
3.
the description of the facts of the offence on which the request is based,
4.
the designation of the purpose for which the data will be requested,
5.
the relationship between the purpose for which the information or findings are requested and the person to whom this information relates,
6.
details of the identity of the accused, provided that the investigative procedure is directed against a known person; and
7.
Reasons for the assumption that relevant information and findings are available in Germany.
Unofficial table of contents

Section 92b Use of information, including personal data, transmitted in accordance with Framework Decision 2006 /960/JHA

Information, including personal data transmitted to a domestic police authority in accordance with Framework Decision 2006 /960/JHA, may only be used for the purposes for which it has been transmitted or for the purpose of defence of a current and significant risk to public safety. For a different purpose or as evidence in a judicial proceeding, they may only be used if the overruling state has consented to it. The conditions laid down for the use of the data shall be taken into account by the country in which the data is transferred. Unofficial table of contents

§ 92c Data transmission without request

(1) In so far as an international agreement provides for this or in accordance with the Framework Decision 2006 /960/JHA, public authorities may, without a request, provide personal data which justifying the suspicion of a criminal offence to public bodies of a other Member States of the European Union or of a Schengen-associated State, as well as institutions and bodies of the European Union, to the extent that:
1.
a transmission would also be admissible without a request to a German court or a German prosecutor's office; and
2.
the transmission is appropriate,
a)
to initiate criminal proceedings in the other Member State; or
b)
to promote a criminal procedure already initiated there; and
3.
the body to which the data shall be communicated shall be responsible for the measures to be taken in accordance with paragraph 2.
(2) § 61a (2) to (4) shall apply accordingly. Unofficial table of contents

Section 93 Joint Investigation Teams

(1) A member sent by a Member State of the European Union to a joint investigation team may, under the direction of the competent German Member, carry out the carrying out of investigative measures, provided that this is done by (2) Other persons may participate in a joint investigation team in accordance with the legislation of the participating Member States or an agreement applicable between them. (3) The parties involved in the joint investigation team shall be entitled to: Officials and civil servants may directly transmit information, including personal data, to members posted by other Member States, including personal data, to the extent that this is necessary for the activities of the members of the European Parliament or of the Member States. (4) In so far as the transmission of the information obtained pursuant to paragraph 3 requires a special purpose-changing agreement, it shall be admissible if a court of inquiry is concerned with the use of the information Request may be granted. Unofficial table of contents

Section 94 Request for assuring, seizure and search

(1) § 58 (3) and (§ 67) shall be found upon request in accordance with Council Framework Decision 2003/577 /JHA of 22 July 2003 on the execution in the European Union of decisions relating to the freezing of assets or evidence Union (OJ 45) (framework decision freezing), where:
1.
the double criminality is not to be considered if the act on which the request is based is punishable under the law of the requesting State with a maximum term of imprisonment of at least three years, and the action referred to in Article 3 (2) of the Framework decision ensuring that the groups of offences listed are listed,
2.
a request in tax, charge, customs and monetary matters is also admissible if German law does not impose similar taxes or does not contain similar tax, duties, customs and monetary provisions as the law of the Requesting Member State.
(2) The granting of a request pursuant to paragraph 1 shall be inadmissible if:
1.
a prohibition of seizure pursuant to section 77, paragraph 1, in conjunction with Section 97 of the Code of Criminal Procedure, or
2.
the person being persecuted for the same action, which is the reason for the request, has already been legally sentenced by a Member State other than the requesting Member State, provided that, in the case of conviction, the sanction has already been carried out is, or is not enforceable, in accordance with the law of the State in which the judgment is given.
This does not apply if the request is for the preparation of an arrangement of decay or confiscation and such a measure could be independently ordered in accordance with § 76a of the Penal Code. (3) The approval of requests for measures pursuant to section 58 (3) and (67) may be postponed until such time as
1.
it could affect ongoing criminal investigations, and
2.
the items relating to the request are seized or otherwise seized for another criminal procedure.
Unofficial table of contents

§ 95 Safety records

(1) The authorisation of a request in accordance with the Framework Decision shall be admissible only if a freezing order decision is submitted with a certificate containing the following information:
1.
the name and address of the issuing judicial authority,
2.
the description of the asset or evidence to be requested to be ensured;
3.
the exact designation of the natural or legal person suspected of the offence under the provisions of the law of the requesting State;
4.
the presentation of the reasons for the freezing order;
5.
the description of the circumstances in which the offence was committed, including the time of the crime, the crime scene, and
6.
the nature and legal assessment of the offence, including the legal provisions on the basis of which the freezing order has been issued.
(2) Where a certificate referred to in paragraph 1 does not exist or is incomplete or does not appear to be in conformity with the freezing order, the competent authority may set a time limit for the submission or completion of the request. or rectification. If the certificate referred to in paragraph 1 is incomplete but the required information is obtained from the freezing order decision, the competent authority may waive the presentation of a completed certificate. Unofficial table of contents

Section 96 Basic obligation to grant security measures

In accordance with § § 94 and 95 admissible requests from a Member State are to be granted. If a request for inadmissibility is rejected, the negative decision to grant consent shall be justified. Unofficial table of contents

Section 97 Request for the issueof evidence

At the request of a Member State, for the publication of objects which may serve as evidence of proceedings in the requesting Member State and which are seized or otherwise seized in accordance with the framework decision , Article 94 (1) shall apply.

Eleventh Part
Final provisions

Unofficial table of contents

Section 98 Application reservation; deadline:

The provisions of Section 2 of the ninth section on the enforcement of financial sanctions under the Framework Decision shall apply only to monetary sanctions in accordance with Article 87 (2) (1) and (4) if they are to be applied in accordance with the provisions of the 27. October 2010 has become final. In the case of financial sanctions in accordance with Article 87 (2) (2) and (3), the provisions referred to in the first sentence shall apply only if the non-judicial decision on the imposition of the money sanction after the 27. It was adopted in October 2010. Unofficial table of contents

§ 98a Transitional provision for requests based on an absence decision

By way of derogation from § 83a (1), 83f (1), 87a (2), 88b (1) and 88c (1), the submission of the European Arrest Warrant or certificates referred to therein shall also be submitted in the version before 28 March 2011. , provided that the requesting Member State of the European Union transfers in a different manner the additional information provided for in Articles 2 to 4 of Council Framework Decision 2009 /299/JHA of 26 February 2009 amending the Framework Decisions 2002 /584/JHA, 2005 /214/JHA, 2006 /783/JHA, 2008 /909/JHA and 2008 /947/JHA, in order to strengthen the Procedural rights of persons and the promotion of the application of the principle of mutual recognition to decisions taken following a negotiation to which the person concerned has not appeared (OJ L 327, 22.4.2004, p. 24), are required. This scheme will no longer be applied once the last Member State of the European Union has transposed the Framework Decision 2009 /299/JHA into its national law. The Federal Ministry of Justice and Consumer Protection announcates the day, from the first sentence of the first sentence, no longer applied, in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

Section 98b Transitional provision for the enforcement of custodians of freedom of movement

Articles 84 to 85f shall not apply in relation to the Kingdom of the Netherlands, the Republic of Latvia, the Republic of Lithuania, the Republic of Poland, Ireland and the Republic of Malta, if the recognition of the execution of the custodians of the freedom of the freedom to take part in the Sanction, which was adopted before 5 December 2011. Unofficial table of contents

Section 99 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 para. 2 sentence 2 of the Basic Law), the letter, post and telecommunications secrecy (Article 10 (1) of the Basic Law), the The inviolability of the apartment (Article 13 of the Basic Law) and of the protection against extradition (Article 16 (2) sentence 1 of the Basic Law) shall be restricted in accordance with this law.