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Düsseldorf - 09.02.2016 - Criminal lawyer Dr. Rademacher on an Italian absence judgment and the release from extradition prison by the Higher Regional Court in Oldenburg / Germany.
Court in Oldenburg releases Dutchman from imprisonment (ruling dated 09.02.2016 – 1 Ausl 76/15). Criminal defence lawyer Dr. Rademacher filed a successful application with the Higher Regional Court in Oldenburg; stumbling block against extradition to Italy on the basis of the European arrest warrant.
The extradition-proceedings against our client were based on the accusation of dealing in illicit drugs. The Higher Regional Court in Oldenburg has now established the inadmissibility of the extradition to Italy on the basis of the European arrest warrant. The European arrest warrant, issued by the public prosecutor at the Regional Court in Bozen / Italy, failed in Germany due to a stumbling block. For the European arrest warrant was based on an absence judgment and the Higher Regional Court in Oldenburg – which had originally ordered extradition custody – accepted that - despite the absence judgment - none of the exceptional circumstances were evident to justify the extradition.