Mon, Sep. 07, 2009

Extradition and Statute of Limitations

CK - Washington.   Greece sought the extradion of a person arrested in Germany under an international warrant. Greece had summoned the target for an interview about alleged money laundering and corruption in business matters. Under German law, the statute of limitations prevents an indictment in Germany, although jurisdiction would exist. May Germany extradite the person?

The Constitutional Supreme Court in Karlsruhe decided that it may not. The appellate decision favoring the Greek request is unconstitutional, it holds. The assumed tolling of the statute by way of the Greek summons is not equivalent to the necessary action to toll the German statute, the court ruled on September 4, 2009 in the matter 2 BvR 1826/09.


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