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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: Saksamaa

Enforcement of a Custodial Sentence (903)

1. MEASURE IMPLEMENTATION

Saksamaa

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

Yes. It has been incorporated into national law; specifically in Secs. 84 - 85 of the Gesetz über die Internationale Rechtshilfe in Strafsachen (Act on International Cooperation in Criminal Matters).

2. LEGAL FRAMEWORK

Saksamaa

International legal framework applicable for this measure in your Member State

Council Framework Decision 2008/909/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union.

3. COMPETENT AUTHORITY TO:

Saksamaa

* receive the request/decision for judicial cooperation

The competent authorities for receiving requests are the local prosecution offices. You will find the addresses of the authorities in the EJN ATLAS. You can contact the same prosecution office that is competent in EAW cases.

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

The competent regional court decides on enforceability upon the application by the public prosecution office or that of the sentenced person. The public prosecution office approves enforcement in accordance with the final and binding decision issued by the court.

4. ACCEPTED LANGUAGES

Saksamaa

Accepted languages for the request/decision

German

5. EXECUTION DEADLINE

Saksamaa

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

90 days

6. CONCISE LEGAL PRACTICAL INFORMATION

Saksamaa

a. Special requirements

Enforcement of a foreign decision in Germany is permissible only if the other Member State has submitted the original decision or a certified copy of the decision together with a completed certificate corresponding to the form in Annex I of the Framework Decision on custodial sentences, as amended. In the case of custodial sentences of at least three years, there is no requirement to establish, among other things, the existence of dual criminality.

b. Other useful information

http://www.gesetze-im-internet.de/bundesrecht/irg/gesamt.pdf Approval may be denied if, on receipt of the decision, the duration of the sentence to be enforced is shorter than six months.

Last reviewed on 6 juuli 2016 by EJN sekretariaat

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