Extradition Lawyer in Nuremberg: OLG Nürnberg and the Local Procedure
In Nuremberg, the Higher Regional Court (Oberlandesgericht Nürnberg, OLG Nürnberg) decides the judicial question of whether extradition is admissible. That ruling is distinct from the approval decision. Under Bavaria’s § 77 ZustV, the locally competent Generalstaatsanwaltschaft Nürnberg decides approval in European Arrest Warrant (EAW) cases and in simplified extradition where the person consents under IRG § 41 and the Bavarian Ministry of Justice would otherwise be competent under § 77(2). For treaty-based requests routed through the foreign-authority-to-Bavarian-state-authority channel described in § 77(2), the Bavarian Ministry of Justice decides, subject to the exception in the 2004 allocation agreement; this is not true of every request from outside the EU. A person arrested in Nuremberg ordinarily first appears before the nearest Local Court (Amtsgericht): IRG §§ 21–22 require presentation without delay and no later than the day after arrest, with questioning without delay and at latest the day after presentation.
The first Local Court hearing does not decide the whole extradition case. The actual warrant, arrest papers and requesting state determine which procedure applies and which authority must act next.
Which Nuremberg authorities handle the case?
Venue depends on where the person is apprehended for extradition or, if there has been no apprehension, where the person is first located—not simply where relatives live. IRG § 14(1) assigns the case to the Higher Regional Court and its attached prosecutor in that district. The OLG Nürnberg district includes all of Middle Franconia and Upper Palatinate, plus the Local Court districts of Kelheim and Straubing; the official court page lists five Regional Court districts and 17 Local Court districts.
| Institution | Local role | Practical point |
|---|---|---|
| OLG Nürnberg | Decides admissibility and extradition detention matters. | Its official remit includes criminal-law assistance under the IRG and international agreements. |
| Generalstaatsanwaltschaft Nürnberg | Prepares the case and carries out an approved extradition. Under § 77(1) ZustV, it decides approval in EAW cases and in simplified extradition where the person consents and the Ministry would otherwise be competent under § 77(2). | For treaty-based requests sent through the channel described in § 77(2), the Bavarian Ministry of Justice decides, subject to the 2004 allocation exception; this does not cover every non-EU request. |
| Amtsgericht Nürnberg | Likely first-appearance court for an arrest in Nuremberg city. | The legal rule is the nearest Amtsgericht; check the arrest paperwork. |
| Grenzpolizeiinspektion Nürnberg-Flughafen | Cross-border entry and exit checks at Airport Nürnberg. | The airport locates the station between Departure Hall 2 and arrivals; identify the actual arresting authority from the papers. |
| JVA Nürnberg | Possible, not guaranteed, place of custody. | Under IRG § 27(2), the attached prosecutor determines the facility. |
What should happen in the first 72 hours?
This is a practical action plan, not a separate statutory “72-hour deadline”.
| Timing | Required step | What to do |
|---|---|---|
| Immediately | IRG § 20 requires the reason for arrest to be communicated; if an extradition warrant exists, it must be notified without delay and a copy provided. | Ask for the legal basis, requesting state, case number and copy or record of the warrant/request; ask for an interpreter if needed. |
| By the day after arrest | IRG § 21 or § 22: presentation to the judge of the nearest Amtsgericht, without delay. | Ask for a lawyer before deciding on consent; raise identity errors, urgent health needs and detention objections. |
| By the next day after presentation | The Amtsgericht judge questions the person about identity, nationality and objections, and explains the right to legal assistance. | Give accurate details. Do not agree to simplified surrender merely to end the hearing or without understanding the papers. |
| After the first appearance | If detention is sought, the OLG decides whether to issue an extradition detention warrant under IRG § 17; the attached Generalstaatsanwaltschaft prepares the file. There is no general 72-hour deadline for the final admissibility decision. | Give counsel the arrest record and foreign papers, proof of address, family and work ties, health information, and any concrete evidence relevant to risks in the requesting state. |
An extradition detention warrant is issued by the OLG under IRG § 17. After provisional arrest, the Amtsgericht judge orders the person held until the OLG decides if the person is identified as the person sought; otherwise, the judge orders release under § 22(3). If the person has not consented to simplified extradition, the prosecutor must apply to the OLG for an admissibility decision under § 29(1); the prosecutor may also request such a decision after consent under § 29(2).
Where might the person be held, and how can family visit?
Do not assume the person will be held at JVA Nürnberg: IRG § 27(2) leaves the facility decision to the prosecutor attached to the competent OLG. Confirm the actual place of custody first.
If placement at JVA Nürnberg is confirmed, visits require telephone pre-registration. Booking calls are accepted on Tuesdays and Thursdays, except public holidays, from 07:45–11:00 and 13:00–16:00. If the person is held in extradition detention, first call the JVA switchboard at 0911 982372-0 to confirm the correct booking line and any conditions for that custody status. The official page lists category-specific numbers: women in remand or sentenced custody, 0911 982372-468 (Mannertstraße 36); men in sentenced custody, 0911 982372-351 (Mannertstraße 6); men in remand custody, 0911 982372-446 (Bärenschanzstraße 68). Confirm the actual facility and category before calling another line or travelling. The published Sprechschein rule applies to remand prisoners with a court restriction order; extradition detention is a distinct legal status, so ask the JVA or responsible court whether a Sprechschein is required in this case. Visitors need official photo ID and must arrive at least 30 minutes early. These are booking hours, not visiting hours; verify current details before travelling.
Which detention dates should be recorded?
| Issue | Rule | Practical consequence |
|---|---|---|
| Missing request during provisional extradition detention | Under IRG § 16(2), the warrant must be lifted if two months from apprehension or provisional arrest pass without the extradition request and documents reaching the authority named in § 74 or another competent receiving authority. The period is three months if a non-European state requested provisional extradition detention. | This is a conditional rule for provisional detention, not a general maximum for every case. |
| Continued-detention review | Under IRG § 26, the OLG reviews continued detention after two months counted from apprehension, provisional arrest or the last continuation decision, and repeats the review every two months unless it sets a shorter interval. | Record the arrest date and each continuation order. |
These national IRG rules do not set one end date for every extradition case. The exact trigger and the latest detention order should be checked against the case papers.
What if the arrest happens at Airport Nürnberg?
Airport Nürnberg identifies Grenzpolizeiinspektion Nürnberg-Flughafen as responsible for cross-border checks, with its station between Departure Hall 2 and the arrivals hall. Ask the officers which legal measure is being used—a German extradition warrant, provisional arrest request, EAW or another basis—and request the case reference. INTERPOL explains that a Red Notice is an alert/request for provisional arrest, not an international arrest warrant; national law determines whether police may arrest. See the Red Notice guide for that separate issue.
If the arrest is in the OLG Nürnberg district, IRG § 14 normally points to OLG Nürnberg and its attached Generalstaatsanwaltschaft. The first appearance is before the nearest Amtsgericht; in Nuremberg city this will ordinarily be Amtsgericht Nürnberg, subject to confirmation from the papers. The person need not remain at the airport or be placed at JVA Nürnberg.
If detention continues, what is the Nuremberg route?
Objections to an extradition detention warrant or its execution are decided by OLG Nürnberg under IRG § 23; under § 25, it may suspend execution if less intrusive measures can secure the procedure. Give counsel concrete documents about identity, stable residence, work, family or care duties, health needs and any realistic proposed conditions, and track the § 26 review date; the country-wide grounds and further remedies are explained in How to Stop Extradition from Germany.
Which procedure applies: an EAW or a third-country request?
Check the actual document before assuming the route: an EAW concerns surrender between EU Member States, while a request from outside the EU is assessed under the IRG and any applicable treaty. Bavaria’s local approval allocation is summarised above; see Extradition from Germany for the nationwide procedure and the EAW procedure guide for the separate EU route.
What should the family or foreign lawyer prepare?
- Full name, date and place of birth, nationality, passport copy and alternative spellings.
- Arrest record, foreign warrant or EAW, available translations, case number and requesting state.
- Proof of residence, employment, family or care duties, and other evidence relevant to detention review.
- Medical records, medication and urgent health information.
- For a proposed prison visit: confirmed facility, responsible court, any restriction order, required Sprechschein and current booking rules.
Hypothetical example. A traveller is provisionally arrested at Airport Nürnberg after a request from a non-EU state. The next lawful steps are to identify the arrest basis, ensure timely presentation before the nearest Amtsgericht, obtain counsel and an interpreter, and give counsel the facts for OLG Nürnberg and Generalstaatsanwaltschaft Nürnberg. If the request and papers have not arrived, calendar the conditional two- or three-month rule in IRG § 16(2); if detention continues, track § 26 review dates.
This is general legal information, not advice on an individual file. To request a review of the documents and discuss the next procedural step, use the consultation request page.
Questions people ask about extradition in Nuremberg
Does OLG Nürnberg handle every case involving someone who lives in Nuremberg?
Not automatically. Under IRG § 14, venue normally follows where the person is apprehended for extradition or, absent apprehension, first located. Residence alone may not decide the court.
Can family immediately visit someone at JVA Nürnberg?
Only after confirming placement and following the prison’s booking rules. Telephone pre-registration is required, and a Sprechschein may be necessary for a remand prisoner subject to a relevant restriction order.
Does an INTERPOL Red Notice mean extradition is approved?
No. It is an international police alert, not a German court decision on admissibility. The actual German arrest basis and foreign request or warrant must be identified.
Official legal and local sources
- German Act on International Cooperation in Criminal Matters (IRG), consolidated text — especially §§ 13–17, 20–33, 40–42, 74 and the EAW provisions.
- Bavarian Zuständigkeitsverordnung (ZustV), § 77, text effective 1 October 2026 — approval authority for incoming extradition requests.
- Bavarian Ministry of Justice: OLG Nürnberg judicial district.
- Bavarian Ministry of Justice: OLG Nürnberg procedure overview — criminal-law assistance under the IRG and international agreements.
- Bavarian Ministry of Justice: Generalstaatsanwaltschaft Nürnberg — extradition matters.
- Bavarian Ministry of Justice: Amtsgericht Nürnberg, investigative judge.
- Airport Nürnberg: police and border-police information.
- Bavarian Ministry of Justice: JVA Nürnberg visitor procedure and times.
- Council Framework Decision 2002/584/JHA on the European Arrest Warrant.
- INTERPOL: official explanation of Red Notices.