Grounds for refusal:
Mandatory:
- The sentenced person was, at the time of the offence, under 14 years of age and thus lacked criminal responsibility under section 19 of the Criminal Code (Strafgesetzbuch, StGB) or was aged at least 14 but under 18 years of age (juvenile) and thus lacked criminal liability because they lacked the level of moral and intellectual maturity to understand the wrongfulness of the act and to conduct themselves in accordance with such understanding (section 90c (1) no. 1 Act on International Mutual Assistance in Criminal Matters (International Mutual Assistance Act, Internationales Rechtshilfegesetz, IRG).
- The sentenced person did not appear in person at the hearing which led to the judgment (section 90c (1) no. 2 International Mutual Assistance Act).
The following exceptions apply (section 90c (3) and (4) International Mutual Assistance Act):
o The sentenced person was summoned in person in due time to appear at the hearing which led to the judgment or actually received official information by other means of the scheduled date and place of the hearing which led to the judgment in such a manner that it was unequivocally established that the sentenced person was aware of the scheduled hearing, and they were informed that judgment may also be delivered in absentia.
o The sentenced person, being aware of the proceedings being conducted against them in which defence counsel participated, prevented a personal summons by absconding or the sentenced person, being aware of the scheduled hearing, mandated defence counsel to defend them at the hearing and was indeed defended by said counsel at the hearing.
o The sentenced person, following service of the judgment, expressly stated that they do not contest the judgment delivered or they did not request a retrial or file an appeal on points of fact and law (Berufung) within the applicable time limits, after they were first expressly instructed about their right to a retrial or to an appeal on points of fact and law in which they have a right to participate and in which the merits of the case, including fresh evidence, may be re-examined and which may lead to the original judgment being quashed.
- The sentenced person has already had final judgment passed upon them in a Member State other than that in which judgment was delivered against them for the same offence which led to the judgment and they have been sentenced and the sanction imposed has already been enforced, is currently being enforced or can no longer be enforced under the law of the sentencing state (section 90c (1) no. 3 International Mutual Assistance Act).
- Enforcement is statute-barred under German law or would be statute-barred in the case of analogous conversion of the facts, unless the sentenced person has made an application for enforcement (section 90c (1) no. 4 in conjunction with section 90c (2) sentence 1 International Mutual Assistance Act).
- Execution would go against basic principles as set out in Article 6 of the Treaty on the European Union (section 73 sentence 2 International Mutual Assistance Act).
Optional
- The certificate which corresponds to the form in Annex I to the Framework Decision on Supervision of Probation, as amended, is incomplete or manifestly does not correspond to the foreign judgment or the probation decision and the other Member State has not completed or corrected these particulars (section 90e no. 1 International Mutual Assistance Act).
- The judgment is to be enforced against a German national who is not habitually resident in the Federal Republic of Germany (section 90e (1) no. 2 International Mutual Assistance Act).
- Essential parts of the offence were committed in the Federal Republic of Germany or on one of the means of transport referred to in section 4 of the Criminal Code (section 90e (1) no. 3 International Mutual Assistance Act).
- The probation measure or the alternative sanction is of less than six months’ duration (section 90e (1) no. 4 International Mutual Assistance Act).
- The public prosecution office or the court has established that the foreign judgment is enforceable only in part and it was not possible to reach agreement with the competent authority in the other Member State regarding the extent to which the judgment is to be enforced (section 90e (2) International Mutual Assistance Act).
- The other Member State has refused to consent to the sentenced person being prosecuted, convicted or subjected to a measure involving deprivation of liberty following transfer for another offence committed prior to transfer and which did not lead to the judgment.