International Criminal Law
The joining together of the European countries is further pursued also with criminal law: with the coming into force of the Schengen Agreement, a basis for the cooperation of justice and safety authorities has been created by which the cross-border criminal prosecution has been made more effective. With the assistance of the European arrest warrant, an order for an arrest and surrender of a person can be made in all Member States; German citizens must be extradited to other EU countries on this basis.
The European Convention on Human Rights (ECHR) grants the accused, however, also a procedural guarantee which is to be enforced, if necessary, by filing a protest to the ECHR. The extradition law concerns foreign defendants in Germany who, after their sentencing, must count on serious consequences of deportation in their respective home country. With the defense, the respective administrative laws must be kept in mind. Extradition law concerns, however, also Germans who are adjudged guilty in a foreign country (e.g. USA) and who are striving for a transfer to Germany.