Extradition Lawyer in Stuttgart: OLG Stuttgart and Local Procedure

Which Stuttgart authorities handle the case?

Under section 14 of Germany’s Act on International Cooperation in Criminal Matters (Gesetz über die internationale Rechtshilfe in Strafsachen, IRG), territorial jurisdiction normally follows where the person is arrested for extradition or, if there is no arrest, where the person is first located. Residence in Stuttgart or retaining a Stuttgart lawyer does not decide venue. The Generalstaatsanwaltschaft Stuttgart states that its district covers the Stuttgart OLG area, with eight regional courts (Landgerichte) and 56 local courts (Amtsgerichte). Baden-Württemberg has a separate Generalstaatsanwaltschaft in Karlsruhe for Baden, but judicial districts do not exactly follow administrative boundaries: some historically Baden territory falls within the Stuttgart district. Check the official court district rather than relying on the regional label.

Which law or treaty applies?

The current IRG is Germany’s national framework; its official text records amendments through 10 February 2026. Germany is a party to the 1957 European Convention on Extradition, in force for Germany since 1 January 1977. In relations between EU Member States, the European Arrest Warrant (EAW) rules replace the Convention’s corresponding rules where the EAW framework applies. For a non-EU request, counsel must check the treaty in force with the requesting state, any applicable protocol, declaration or reservation, and the IRG rules that supplement it. Stuttgart alone does not determine the treaty route. See the Germany country guide for national procedure.

What happens on the day of arrest and by the following day?

Sections 21 and 22 IRG distinguish arrest under an existing extradition warrant from provisional arrest. In either case, the person must be brought before the nearest Amtsgericht judge without delay and by the following day. The judge asks about personal circumstances and nationality, explains the right to counsel and to remain silent about the alleged offence, and asks about objections to extradition or detention. Raise mistaken identity immediately.

Under section 40(2) IRG, arrest makes legal assistance mandatory. If no lawyer is available, one must be appointed without delay; the person may also retain chosen counsel. Ask for an interpreter if German is not understood. Consent to simplified extradition, given after judicial instruction and recorded by a judge, cannot be revoked under section 41(3) IRG. It is not the same as merely declining an oral hearing. Do not consent before counsel explains the consequences.

This is a practical first-day plan, not a 72-hour deadline for the whole case; the statutory next-day limit concerns only the first appearance.

Does an arrest at Stuttgart Airport settle the venue?

No. Bundespolizeiinspektion Flughafen Stuttgart serves the airport, but IRG section 14 makes the place of apprehension—or first location if there was no arrest—decisive for OLG venue. The nearest Amtsgericht handles the first appearance and may be outside Stuttgart city. Confirm the arresting authority and destination. A Red Notice is not itself an arrest warrant.

Hypothetical example: if a Georgian citizen is stopped at Stuttgart Airport after a Red Notice match, the family should check whether the legal basis is an EAW, a provisional third-country request or another warrant. Identify the first-hearing court and OLG file, and obtain counsel before any simplified-surrender declaration. The notice is a police alert, not a surrender decision.

Where may the person be held, and how is detention reviewed?

Amtsgericht Stuttgart says ordinary pre-trial detention is generally served at JVA Stuttgart (Stammheim) for men and JVA Schwäbisch Gmünd for women. These are reference points, not guaranteed placement in an extradition case; confirm the actual institution and prisoner number. JVA Stuttgart publishes separate visitor, letter and telephone guidance. A visit permit is required: before indictment it is normally issued by the detention judge, or by the prosecutor if delegated; after indictment, by the trial court. Check the rules for the actual custody type.

Under IRG section 16, the provisional extradition warrant must be lifted if the person has spent two months in extradition custody from apprehension or provisional arrest without the request and documents reaching the competent authority; the period is three months when a non-European state requested provisional detention. This is not a maximum for the whole case. Under section 26, the OLG reviews continued detention every two months, counted from apprehension, provisional arrest or the last continuation decision, and may set a shorter interval. For the grounds and applications under sections 15, 23 and 25, see the Germany extradition-remedies guide.

What does the Stuttgart-specific constitutional decision show?

On 23 January 2025, the Federal Constitutional Court (Bundesverfassungsgericht) quashed two OLG Stuttgart detention orders in docket 301 OAus 173/24 (case 2 BvR 5/25). The underlying matter was surrender to Italy under an EAW, not a third-country request. The Court found inadequate individualized proportionality reasoning and inadequate examination of less restrictive measures.

This did not make family ties an automatic ground for release or decide that surrender was inadmissible. It shows that a detention order must explain why detention is necessary in the individual case, including relevant alternatives under IRG section 25. In Stuttgart, evidence may include residence, work or benefits, care duties, medical records, reporting proposals and travel-document arrangements.

A later decision illustrates a procedural limit. On 5 August 2026, in 2 BvR 364/26, the Federal Constitutional Court declined to consider the detention part of a complaint concerning OLG Munich because the filing did not sufficiently address the reasons for the challenged orders and was not updated after a later detention-continuation order. That case concerned a Romanian EAW before OLG Munich; it did not reverse the Stuttgart ruling, but shows that a constitutional complaint must engage with the actual reasons and later orders. A complaint alone does not suspend surrender; interim relief must be requested separately and is not automatic.

Can the OLG decision be appealed?

Unless the person has consented to simplified surrender, the Generalstaatsanwaltschaft Stuttgart asks the OLG Stuttgart to decide admissibility under IRG sections 29–32. Judicial admissibility and the later authorisation and handover are separate stages.

OLG decisions are generally not appealable through ordinary remedies under section 13(1) IRG. A section 42 referral to the Federal Court of Justice is made by the OLG on a legal question, not as an individual appeal. Section 33 allows renewed review if later or newly discovered circumstances could change the result. A constitutional complaint is exceptional, does not itself suspend surrender, and must address the reasons in the actual orders and any later orders. For refusal grounds and detailed remedies, see How to Stop Extradition from Germany.

How long can the Stuttgart procedure take?

There is no single statutory total deadline for every third-country request; timing depends on the treaty and documents. For an EAW, section 83c IRG sets normal decision targets of 60 days from arrest or ten days after consent to simplified surrender; exceptional delays are addressed under section 83c(5). These are not automatic release dates. See the separate EAW guide.

What should the family and foreign lawyer prepare?

• Full name, date of birth, all citizenships, passport details and spelling variations.
• Exact time and place of arrest, police unit, first court and OLG or prosecution file number, if known.
• Every page of the warrant, European Arrest Warrant, Red Notice-related paperwork, translation, hearing record and detention order.
• Evidence of residence, work, family or care responsibilities, medical needs, and a realistic proposal for less restrictive measures.
• For foreign counsel: the requesting state’s case number, domestic warrant or judgment, alleged offence and dates, procedural stage, and a secure contact for German counsel.
• Keep a dated chronology and preserve originals and labelled translations.

Deportation papers are not an extradition request, and an INTERPOL alert is not an EAW or an OLG admissibility decision. If the document is unclear, ask counsel to identify the legal route first. See Extradition vs EAW Surrender.

For a case-specific assessment of the documents and the next lawful step, consult a lawyer experienced in German extradition proceedings. You can submit an enquiry through the request page.