Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Германия

Execution of a Supervision Measure (905)

1. MEASURE IMPLEMENTATION

Германия

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. It has been incorporated into national law; specifically in Sec. 90 o – z of the Gesetz über die Internationale Rechtshilfe in Strafsachen (Act on International Cooperation in Criminal Matters).

2. LEGAL FRAMEWORK

Германия

International legal framework applicable for this measure in your Member State

Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention.

3. COMPETENT AUTHORITY TO:

Германия

* receive the request/decision for judicial cooperation

The competent authorities for receiving requests are the local prosecution offices.

* execute/recognise the measure (if other than the receiving authority)

Upon application by the public prosecution office or by the person to be supervised, the local court decides on permissibility of taking over supervision. The public prosecution office approves supervision in accordance with the final and binding court decision. The local court supervises the measures as soon as the taking over of supervision is approved. Supervision is taken over for the duration stated by the competent authority of the other Member State. The court may transfer supervision completely or partially to the court in whose jurisdiction the person to be supervised is domiciled or, if the person is of no fixed abode, his/her actual place of residence.

4. ACCEPTED LANGUAGES

Германия

Accepted languages for the request/decision

German

5. EXECUTION DEADLINE

Германия

Deadlines for the execution of the request/decision (where applicable)

20 days after receipt of the documents at the public prosecution office.

6. CONCISE LEGAL PRACTICAL INFORMATION

Германия

a. Special requirements

Enforcement of a measure is permissible only if the other Member State has submitted the original decision or a certified copy of the enforceable decision on measures to be taken together with a completed certificate corresponding to the form in Annex I of the ESO Framework Decision, as amended. The court is to withdraw its certificate on transfer of supervision if the conditions of the arrest warrant are no longer fulfilled.

b. Other useful information

http://www.gesetze-im-internet.de/bundesrecht/irg/gesamt.pdf

Last reviewed on 6 юли 2016 by Секретариат на ЕСМ

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