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?
Do not give any information on the matter before you have consulted 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).
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.
