European Arrest Warrant (EAW) and Extradition

When criminal proceedings involve Germany and another EU country

The European Arrest Warrant (EAW) is a powerful instrument of EU criminal cooperation. For the individual, it usually means one thing: the real risk of being arrested in another EU country and surrendered for criminal proceedings or to serve a prison sentence.

Our law firm advises and defends:

• clients wanted by Germany on the basis of a European Arrest Warrant, and
• clients facing a foreign EAW (for example from Italy, Spain, France, Poland) while living in Germany or elsewhere.

At a glance

• An EAW can be issued by Germany or by another EU Member State for proceedings that involve Germany in one way or another.
• It often leads to arrest abroad and fast-track extradition proceedings with very strict deadlines.
• Not every EAW is lawful: there may be defense arguments based on independence of the issuing authority, proportionality, grounds for detention and fundamental rights.
• For those affected, surrender to another country means dealing with a foreign legal system and language.
• A strong defense usually requires coordinated representation in both countries.

What is a European Arrest Warrant?

A European Arrest Warrant (EAW) is a judicial decision issued by one EU Member State requesting another Member State to:

• arrest and surrender a suspect for the purpose of criminal prosecution, or
• surrender a convicted person for the execution of a custodial sentence.

It has largely replaced traditional extradition between EU countries and is designed to operate quickly and in a highly standardized way.

When Germany issues a European Arrest Warrant

An EAW from Germany is typically based on:

1. ongoing criminal proceedings in Germany
   – The alleged offense is punishable by more than one year of imprisonment.
   – The suspect is believed to be abroad or to have absconded.
   – The court assumes risk of flight, risk of interference with evidence or risk of re-offending.
2. enforcement of a final sentence
   – There is a final conviction in Germany.
   – The person still has more than four months of imprisonment to serve.

In practice:

• A German court issues a domestic arrest warrant.
• On that basis, a European Arrest Warrant is issued.
• The person is entered into the Schengen Information System (SIS).
• Any border check or police control in the EU can lead to immediate arrest.

Facing a foreign European Arrest Warrant in Germany

Facing a foreign European Arrest Warrant in Germany means that another EU Member State is seeking your arrest and surrender while you are living in, traveling through or staying in Germany.

For many foreign nationals and expats, this is the first time they are confronted with a criminal justice system they do not know – often in a language they do not fully understand.

Typical scenarios include:

• Allegations in Italy, Spain, France, Poland, Austria or other EU States,

• economic offenses, fraud, tax offenses, narcotics, or serious road traffic offenses,

• proceedings that are conducted in absentia while the person lives or works in Germany.

In such cases, a foreign court or prosecutor may issue a European Arrest Warrant (EAW) requesting the client’s surrender. This can lead to:

• Arrest in Germany on the basis of a foreign EAW and extradition proceedings before a German Higher Regional Court, or

• Arrest in another EU country during travel, followed by surrender directly to the requesting State.

For international clients, the main challenges are:

• dealing with a foreign legal system and language,

• uncertainty about detention conditions and procedural rights,

• coordinating a defense strategy across several jurisdictions (for example, the issuing State, Germany and sometimes the client’s home country).

In these situations, it is often crucial to have:

• defense counsel in Germany, and

• defense counsel in the issuing Member State,

working together to protect the client’s rights and explore alternatives to surrender or to prolonged pre-trial detention.

Arrest and first hearing: what to expect

Once a person is arrested under a European Arrest Warrant:

1. They are brought before a judge in the executing State (for example in Germany, Italy or Spain).
2. They are informed about:
   • the existence and content of the EAW,
   • the alleged offenses,
   • the request for surrender to another country.
3. They are asked whether they:
   • consent to surrender (fast-track procedure), or
   • oppose surrender and wish to challenge the EAW.

Without legal advice, it is extremely risky to make a decision at this stage or to make statements about the alleged offense.

Possible defense arguments against a European Arrest Warrant

Although EAW systems are designed to be efficient, they are not automatic. Defense counsel can examine, for example:

• Whether all formal requirements of the EAW are met.
• Whether the issuing authority is sufficiently independent from the executive (an issue that has been addressed by the Court of Justice of the EU in relation to certain public prosecutors).
• Whether the EAW is proportionate, or whether less intrusive measures would have been sufficient.
• Whether the alleged conduct is also punishable in the executing State, where double criminality is required.
• Whether there are serious concerns about fundamental rights, fair trial guarantees or prison conditions in the issuing State.

For international clients and expats in Germany facing a foreign EAW, additional questions arise:

• Is extradition admissible under German law where Germany is the executing State, or are there grounds on which German courts could refuse surrender?
• Would surrender expose the person to disproportionate punishment, clearly unfair proceedings or detention conditions that do not meet minimum human rights standards in the issuing State?
• Are there realistic alternatives to surrender, such as the transfer of proceedings to Germany or, in some cases, to the client’s home country?

Extradition to Germany vs. extradition from Germany

Our work frequently involves both directions:

1. Extradition to Germany
   – Client is arrested abroad based on a German EAW.
   – We work with local counsel in the arresting country and at the same time prepare the defense in Germany (for example, contesting pre-trial detention or negotiating alternatives).
2. Extradition from Germany to another EU country
   – Client is arrested in Germany on the basis of an EAW issued by another Member State.
   – We defend in the extradition proceedings before the German courts and coordinate with defense counsel in the requesting State.

In both scenarios, the key is strategic timing and coordination between all lawyers involved.

Why early legal advice is crucial

In EAW and extradition cases, timeframes are tight and mistakes at the beginning can be very difficult to undo later.

Early legal advice can:

• clarify whether a voluntary surrender might be tactically reasonable or not,
• help to avoid self-incriminating statements at the first hearing,
• identify defense arguments against the validity or proportionality of the EAW,
• prepare applications for bail or alternative measures instead of continued detention,
• obtain and analyze material from the underlying foreign proceedings.

Frequently asked questions (FAQ)

I live in Germany and heard that there is a criminal case against me abroad. Can I be arrested in Germany?
Yes, if the foreign authorities issue a European Arrest Warrant, German authorities can arrest you and initiate extradition proceedings. Whether surrender is admissible must be assessed on a case-by-case basis.

I live abroad and there is an investigation in Germany. Do I have to fear a European Arrest Warrant?
Depending on the seriousness of the allegation and the assessment of flight risk, German authorities may apply for an EAW. Early contact with defense counsel can sometimes help to avoid escalation to an arrest warrant.

Should I consent to my surrender to speed things up?
Consenting to surrender may be advantageous in some cases but very harmful in others. You usually waive important legal remedies. This decision should only be taken after consulting a lawyer familiar with EAW and extradition law.

Can a European Arrest Warrant be challenged successfully?
In many cases, yes. Defense may rely on formal defects, lack of independence of the issuing authority, disproportionality or human rights concerns. The chances depend entirely on the individual case.

Our services in European Arrest Warrant and extradition cases

We represent:

• clients wanted by Germany on the basis of a European Arrest Warrant, and
• clients facing foreign EAWs while in Germany or elsewhere in Europe.

Our services include:

• Legal advice and defense in EAW and extradition proceedings,
• Cooperation with local defense counsel abroad and in Germany,
• Strategic advice in cross-border criminal investigations,
• Assistance in German, English and Italian.

📩 If you are affected by a European Arrest Warrant involving Germany – whether issued by Germany or by another EU country – contact us as early as possible.
A well-planned defense strategy can have a decisive impact on extradition, detention and the outcome of the foreign criminal proceedings.