🔒 Arrest and pre-trial detention
In brief
Pre-trial detention (Untersuchungshaft) is custody before the verdict. It is allowed only if there is a strong suspicion of the offence and a ground for detention exists (§ 112 StPO).
Grounds for detention include, for example, flight or hiding, risk of flight and risk of tampering with evidence. Detention must not be out of proportion to the case and the expected sentence.
If you are arrested on the basis of an arrest warrant, you must be brought before the court without delay; it questions you at the latest the next day (§ 115 StPO). In the case of provisional arrest without a warrant, you must be brought before the judge at the latest the day after the arrest (§ 128 StPO).
You will then be given a defence lawyer, even against your will (§ 141 para. 2 StPO).
Step by step
- Have your rights statedYou may remain silent and consult a defence lawyer.
- Speak to the judgeYou can comment on the suspicion and the grounds for detention, or stay silent.
- Apply for a detention reviewYour defence lawyer can request a detention review or file a complaint against detention.
- Ask about legal remediesAfter the arrest warrant, you will be informed about legal remedies.
Deadlines
- You can apply for a detention review under § 117 para. 1 StPO at any time.
- When you are brought before the judge for a detention decision, a court-appointed defence lawyer must be appointed.
- This page does not cover serving a sentence. For that there is the Wegweiser for offenders (Straffällige).
In depth · legal basis, figures and practice – for advisers and professionals
Requirements (§ 112 StPO)
Pre-trial detention may be ordered if the suspect is strongly suspected of an offence and a ground for detention exists (§ 112 para. 2 StPO): the suspect is a fugitive or in hiding (no. 1), risk of flight (no. 2; the risk that they will evade the proceedings) or risk of tampering with evidence (no. 3). For certain serious offences, the seriousness of the offence itself is also sufficient under the law; the exact list was not retrieved here. Under § 112 para. 1 sentence 2 StPO, pre-trial detention may not be ordered if it is out of proportion to the significance of the case and the expected sentence. Risk of reoffending (§ 112a StPO) was not researched.
Being brought before the court, and defence lawyer
§ 115 StPO (arrest on the basis of an arrest warrant): The person arrested must be brought without delay before the competent court; the court questions them without delay, at the latest the next day. In the case of provisional arrest without an arrest warrant, the person arrested must be brought before the judge at the latest the day after the arrest under § 128 StPO. Under § 141 para. 2 StPO, a court-appointed defence lawyer is appointed without a request if the suspect is to be brought before a court for a decision on detention or provisional placement, as well as under further conditions.
Detention review
Under § 121 para. 1 StPO, pre-trial detention for the same offence may be maintained beyond six months only if the particular difficulty or scope of the investigation or another important reason does not yet allow a judgment; the higher regional court (Oberlandesgericht) decides on this. Detention review on request at any time: § 117 para. 1 StPO.
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