Part 5 Additional Mutual Assistance
§ 49 Jurisdiction
(1) To the extent mutual assistance is to be provided by a public prosecution office, local jurisdiction lies with the public prosecution office in whose district the mutual assistance shall be provided. Should the provision of mutual assistance be required in the districts of different public prosecution offices, jurisdiction lies with the public prosecution office that was first involved in the matter. For as long as jurisdiction under sentence 1 or sentence 2 cannot be determined, jurisdiction is determined by the seat of the federal government.
(2) Para. 1 applies mutatis mutandis to the jurisdiction of the court to the extent judicial action for the provision of mutual assistance is required or when other judicial decisions are to be made.
(3) The Higher Regional Court is responsible for judicial decisions regarding the surrender of property pursuant to § 50 para. 1 sentence 2, for an order of search and seizure of objects (§ 52 para. 1 and 2) and a seizure of assets (§ 52 para. 4), for a decision on detention in the case of a temporary assumption of jurisdiction over a suspect (§ 55 para. 1) and a transfer (§ 55 para. 6) as well as for court orders in the case of telecommunications surveillance (§ 59 para. 1) and for covert measures (§ 59 para. 2). In the case of a temporary assumption of jurisdiction over a suspect, venue lies with the Higher Regional Court in whose district the office that will provide the mutual assistance is located. In the case of a transfer, § 31 para. 2 and 3 apply mutatis mutandis.
(4) Insofar as the jurisdiction of the court is well-founded, the public prosecution office attached to the Higher Regional Court shall prepare the decision and take the measures necessary for its implementation. It is also responsible for ordering and implementing a temporary surrender (§ 54), the preparation of a decision regarding approval of the surrender of objects and the implementation of the approved surrender. In the case of a temporary surrender, local jurisdiction lies with the public prosecution office attached to the Higher Regional Court in whose district the incarceration shall be carried out.
§ 50 Judicial Decision
(1) Mutual assistance in cases under § 52 para. 1, 2, and 4, § 55 para. 1 and 6, and § 59 para. 1 and 2, shall only be approved when the Higher Regional Court has issued the required measures for providing the assistance. The Higher Regional Court shall further decide on the permissibility of the surrender of objects upon motion of the public prosecution office attached to the Higher Regional Court or upon motion of one who shows that the surrender will result in injury to his rights. Decisions of the Higher Regional Court are non-appealable.
(2) As to proceedings before the Higher Regional Court, § 20 para. 2 and 3, § 21 para. 1 and 4, §§ 22, 29 para. 4 sentence 2, § 31 para. 1, § 33, as well as the provisions of Chapter 11 of Part One of the Criminal Procedure Code with the exception of §§ 140 – 143 apply mutatis mutandis. For the additional proceedings, § 23 para. 1, 2, and 4, with the exception that instead of the motion of the suspect referred to in § 23 para. 1, the motion of a party affected by measures pursuant to §52 para. 1, 2, or 4 applies, and regardless of the presence of the prerequisites in § 23 para. 1 and 2, also upon the motion of the affected party, a renewed ruling on the provision of the mutual assistance shall be issued, when the affected party is not heard prior to the first time the measures are ordered.
(3) If a court other than the Higher Regional Court is responsible for providing the mutual assistance and finds that the prerequisites for providing mutual assistance are not met, it shall justify its opinion and shall obtain a ruling by the Higher Regional Court. The Higher Regional Court decides further upon a motion by the public prosecution office attached to the Higher Regional Court regarding whether the prerequisites for the provision of mutual assistance have been met. The mutual assistance shall not be approved when the Higher Regional Court has ruled that the prerequisites for the provision of mutual assistance have not been met. The ruling by the Higher Regional Court is binding on the courts and governmental authorities responsible for the provision of mutual assistance.
(4) As to proceedings before the Higher Regional Court, § 20 para. 2 and 3, § 21 para. 1 and 4, §§ 22, 23 para. 1, 2, and 4, § 29 para. 4 sentence 2, § 31 para. 1, §33, as well as the provisions of Chapter 11 of Part One of the Criminal Procedure Code, with the exception of §§ 140 – 143, apply mutatis mutandis.
National procedures for execution of requests for other forms of cooperation
EDIT.