Überstellung

Überstellung is a German term used to describe the act of transferring or handing over a person or object from one authority to another. The root over- (across) and stellen (to place) reflects the idea of moving custody, responsibility, or jurisdiction. The precise meaning depends on context, but it generally involves a formal transfer overseen by applicable rules or agreements.

In criminal procedure, Überstellung describes the transfer of a suspect, defendant, or inmate between authorities—such as from the police to a court, from one prison to another, or across borders to a different state. Within federal systems it can refer to inter-state transfers; in international settings it is closely related to extradition or surrender.

In international law, Überstellung denotes the surrender or delivery of a person to the competent authorities of another state under treaties, customary law, or instruments such as extradition treaties or the European Arrest Warrant framework. The process is usually governed by procedural protections, including court review, timely notification, and safeguards against unlawful or arbitrary transfer and against violations of human rights.

The term can also apply to the handover of assets, documents, or case files between agencies or, in cross-border transport, to the transfer of custody of a person or goods from one carrier or authority to another. The nuance between Überstellung and related terms varies by jurisdiction; Auslieferung (extradition) is more specifically the transfer of a person to another state, though overlaps occur.

See also Extradition, European Arrest Warrant, and Transfer of custody.