How do I get out of custody?

Pretrial detention: requirements & legal situation

Who in Germany is suspicious of a criminal offenseagainst which will on the part of the police and public prosecutor's office initiated a so-called investigation. In this context, it is checked whether the existing at the beginning Initial suspicion condensed into sufficient suspicion. If this is the case, the public prosecutor will bring a public complaint.

In the following guide we have each other Dedicated to the subject of “pre-trial detention” and its execution. When does an accused have to be in custody and for how long? What is important and which legal regulations apply? Is the mere initial suspicion against an accused or a higher level of suspicion is required? Below you will get the answers to these and further questions about the topic.

FAQ: Pretrial detention

When is pre-trial detention ordered?

A suspect of a criminal offense must be remanded in custody if he is urgently suspected.

How long does pre-trial detention last?

Here you can read the maximum length of time an accused must remain in custody.

Can I have visitors while I am in custody?

Yes. Relatives and friends can also apply for a visit while in custody.

What is pre-trial detention?

Under the Concept of pre-trial detention (short: Custody) becomes a Measure to secure an investigation designated. If the person concerned is suspected of a criminal offense, he can due to judicial order if the relevant requirements are met get behind bars during the criminal proceedings.

Prison custody is regulated by law in Sections 112 and following of the Code of Criminal Procedure (short: StPO). The regulations are part of the 9th section of the Code of Criminal Procedure, which is entitled "Arrest and Provisional Arrest".

In the regulations are those Requirements for pre-trial detention establishedwhich we want to explain to you in the next section.

The pre-trial detention is carried out in prisons, as well as imprisonment for a convicted felon. However, different detention conditions apply in each case. For example, the Duty to work someone in custody.

Reasons for pre-trial detention

The question now arises: “When do you come into pre-trial detention?” The reasons why Accused in custody comes are, on the one hand, that he is urgently suspected of an act under German criminal law.

The Criminal procedural law knows different levels of suspicion, of which the urgent suspicion is the highest. Unlike the initial suspicion or sufficient suspicion, the urgent one is Probability very highthat the accused is the perpetrator or participant in a crime.

On the other hand, there must be a so-called reason for detention. Furthermore, a Order for custody does not take placeif it is disproportionate to the importance of the offense in question and the expected punishment.

But what are the reasons for imprisonment? According to the provision of Section 112 (2) StPO, a reason for detention exists on the one hand if determined on the basis of certain facts that the person concerned is fleeting or hiding.

Furthermore, it can be seen from the standard that a Reason for pre-trial detention in the event of a risk of escape is present. On the basis of certain facts and after considering all the circumstances of the individual case, it is determined that there is a risk that the accused will evade criminal proceedings.

Another reason for arrest is in the case of so-called risk of blackout. There is an urgent suspicion that the accused will destroy, change, remove or falsify evidence or act on those involved in the process (witnesses, co-accused, experts, etc.) in such a way that the investigation would be made more difficult.

Finally, § 112a StPO standardizes the Reason for repetition risk. The accused is strongly suspected of certain criminal offenses to commit repeatedly, so the pre-trial detention will be ordered to avert that danger.

Meaning and purpose of custody It is therefore to secure the criminal proceedings so that they cannot be influenced in a negative way by the accused.

Pretrial detention also for minor offenses?

In the case of minor offenses, the order and execution of pre-trial detention are only possible to a limited extent in accordance with Section 113 of the Code of Criminal Procedure. If the act is only threatened with a prison sentence of up to six months or a fine of up to 180 daily rates, one may Pretrial detention cannot be ordered due to the risk of blackout.

Due to the risk of flight, however, pre-trial detention may only be ordered in such cases if the accused is not already withdrawn from the proceedings once, he does not have a permanent place of residence or residence in Germany or he cannot identify himself.

Can by another measure, for example by a regular reporting to the police or by a corresponding security deposit (deposit), the purpose on which the pre-trial detention is based are also achieved, such a purpose is not to be ordered. So it always depends on the individual case.

Pretrial detention: Arrest warrant issued by a judge

Pretrial detention is always ordered in writing by a judge. In addition to the Person of the accused be quoted, what act he is urgently suspicious, what reason is present as well all the factsfrom which this follows.

If the accused is arrested, he is one when he is arrested Copy of the arrest warrant hand over.

Pretrial detention in juvenile criminal law

Pretrial detention can be for Young people with certain restrictions to be ordered. According to Section 72 (1) of the Youth Courts Act (JGG), pre-trial detention may only be imposed here if its purpose cannot be achieved in any other way, for example through a provisional order of upbringing or through other measures.

A proportionality test is also carried out here, but this is based on the special burdens of enforcement for young people is to be aligned. In an arrest warrant, the reasons must be set out why a pre-trial detention against a Accommodation in a youth welfare home preferable and proportionate.

Duration of pre-trial detention

A question that arises in this context is the following: How long does pre-trial detention last?

According to § 120 StPO, an arrest warrant is to be revoked as soon as the Prerequisites for pre-trial detention no longer exist are. Another reason for annulment exists if the continuation of the pre-trial detention would be disproportionate to the matter and the expected punishment. In addition, the pre-trial detention will come to an end when the Accused acquitted or the main proceedings are not opened or the proceedings are finally terminated.

From Section 121 of the Code of Criminal Procedure (StPO) it also follows that pre-trial detention is basically Do not exceed a duration of six months should.

However, can on the part of the Higher Regional Court the time span can be extended. This applies to cases where the procedure of particular difficulty and volume or there is some other important reason that stands in the way of a judgment and that would justify the continuation of imprisonment.

Pretrial detention: are visitors allowed?

A person in custody also has certain rights. These include the right to visit. But under what conditions and to what extent is there such a thing?

On the one hand, a visit to pre-trial detention is always only permitted with appropriate permission. In this respect, the law is not limitless and unrestricted. For this purpose, an application for permission to visit must be submitted to the court during pre-trial detention. On the one hand, the application can be on a one-time visit (Single permit) or on a permanent approval (Permanent permit) extend.

It is possible that the application for permission to visit is granted, but this is linked to certain conditions is. The prisoner can lodge a complaint against a rejected application.

In principle, the Permission to visit from close relatives and relatives granted. There is an exception if there is a risk that the This makes investigations difficult or endangered become. In this case, visits are not permitted.

A lawyer specializing in criminal law can help you too all questions relating to the subject of pre-trial detention advise and support you throughout the entire criminal proceedings.
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Pretrial detention: requirements & legal situation
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