Pre-trial detention and arrest warrant

Pre-trial detention is one of the most drastic measures in criminal law. It is ordered on the basis of an arrest warrant and can have far-reaching consequences for the person concerned. Here you can find out what an arrest warrant means, when pre-trial detention is imposed and how you can protect your rights.

1 What is an arrest warrant?

• Strong suspicionThere must be substantial grounds to believe that the accused has committed a criminal offense.
• Adhesive baseAt least one of the statutory grounds for detention must apply.
• ProportionalityThe detention order must not be disproportionate.

2 When is pre-trial detention ordered?

Pre-trial detention is only imposed under certain conditions in accordance with Section 112 of the Code of Criminal Procedure:

• Flight risk
  There is a risk that the accused may evade the proceedings by absconding.
• Risk of blackout
  It is suspected that the accused could destroy evidence or influence witnesses.
• Risk of repetition
  For certain serious offenses, if there is a risk that the defendant will commit further offenses.
• Seriousness of the offense
  In the case of particularly serious crimes (e.g. murder), pre-trial detention can also be imposed without further grounds for detention.

3. rights of the accused in pre-trial detention

As a defendant, you have important rights despite being in custody:

• Right to defenseYou can consult a criminal defense lawyer at any time (§ 137 StPO).
• Detention checkYou have the right to request a review of the grounds for detention (Section 117 StPO).
• Contact with the outside worldLetters and visits are generally permitted, but can be monitored.
• Health careAccess to medical care must be ensured.

4 What to do if there is an arrest warrant?

• Keep quiet!

Do not give any information on the matter before you have consulted a lawyer.

• Contact a lawyer

A criminal defense lawyer can: examine the arrest warrant, refute grounds for detention, file an application for a review of detention or suspension of detention (§ 116 StPO).

• Behavior in custody

Cooperate with the authorities, but do not speak out without legal assistance.

Use your rights, especially the right of defense.

5 How can an arrest warrant be revoked?

An arrest warrant can be revoked or suspended under certain conditions (Section 116 StPO):

• Against bailPayment of a security deposit.
• ConditionsRegistration obligation, taking up residence or handing in your passport.
• Weakening the grounds for detentionProof that there is no risk of absconding or concealment.

6. conclusion

Pre-trial detention is a drastic measure that requires a quick and competent defense. As an experienced lawyer, I can make a decisive contribution to shortening or revoking detention.