Part 2 Surrender of Persons
§ 26 Request for Surrender After Previous Extradition
(1) If the extradition of a suspect to a foreign state has taken place and the Court requests approval for prosecution or execution of a sentence, approval shall be granted when:
1. it has been shown that the suspect had the opportunity to respond to the request and that the Higher Regional Court had decided that because of the criminal act the surrender would be permissible, or
2. it has been shown that the suspect has stated on the record of the proceedings of a judge of the Court or the state to which he was extradited, his agreement with prosecution or with execution of a sentence, and because of the criminal act the surrender would have been permissible. If the request is based upon the same criminal act, the Court shall be notified thereof.
(2) § 20 para. 1 applies to the proceeding, provided that, in place of the suspect’s acceptance of streamlined surrender, he agrees within the meaning of para. 1 sentence 1 number 2, as well as § 20 para. 2 and 3 sentences 2 and 3, § 21 para. 1, 2 sentence 2, para. 4, §§ 22, 23 para. 1 and 2 as applicable. The Higher Regional Court that was responsible in the extradition proceedings for a decision on the permissibility of the extradition is responsible for judicial decisions pursuant to para. 1 sentence 1 number 1.
(3) If the extradition has not yet occurred, approval of a request of the type set forth in para. 1 will be granted when, because of the criminal act, surrender to the Court would have been permissible. Para. 1 sentence 2 applies mutatis mutandis. §§ 19-23 apply to the proceedings mutatis mutandis.
Rule of speciality
Extradition
EDIT.