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Parent Category: Courts
Created on Tuesday, 25 November 2008 04:28
Last Updated on Wednesday, 13 February 2013 16:45

Pre-trial Detention

So you're stuck in detention and nothing is happening. LG2G presumes you would like to have a first idea if grounds for your detention exist, if and what a bail can do, and maybe a lot more. We understand that; just keep reading.

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The police have just taken me into custody. What are my rights? What do I have to do?

First of all, keep quiet, and do not panic. Do not use any force against the police that will just make things worse. Give them your name, date of birth, place of birth, address, nationality but nothing more! Do not even try to explain anything. You have the right to refuse to make a statement (§136 I 2 StPO). Your refusal to explain yourself cannot be used against you. You can really toughen your defense by carelessly talking – even without formal protocol of your conversation. Police officers might write a memo after observing and listening to you. This memo can be used against you in court. Only your total silence will keep you safe. Demand that you may contact your attorney. Later on, if you get letters from your attorney, keep them out of sight and reach of the police. If they want to look at them, you can protest with the word “Verteidigerpost” (defense attorney mail). This mail is protected by law against seizure (§97 I 2 StPO), but only and as long as the mail is with you. So virtually always keep it in your hands or somewhere else on your body!
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When and for which reasons can they put me into jail?

Pre-trial detention may be imposed if you are strongly suspected of having committed an offense or crime and if grounds for arrest exist. Detention may not be imposed in cases in which it not would be in proportion to the seriousness of the case.
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When do grounds for arrest exist?

Grounds for arrest exist whenever

  1. you are fugitive or in hiding,
  2. there is reason to suspect escape from justice (flight risk – Fluchtgefahr). However, in minor cases (i.e. entailing less than six months imprisonment or a fine), pre-trial detention based on flight risk can be imposed only if you have no permanent residence status in Germany (§113 II StPO).
  3. in cases of suspected murder, manslaughter, assault and battery, aggravated arson, arson with fatal outcome, or if the crime poses a danger to the lives and limbs of another person.
  4. in cases of suspected sexual abuse of wards, sexual abuse of minors, and drug offenses (§112a StPO),
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Aren’t there any chances that I can avoid being in jail by depositing a bond? I need my air unsieved.

In cases where you are suspected of having committed an offense and have no fixed residence in Germany, and where an arrest order is not called for, the court may order you:

  1. to deposit appropriate security for defraying the expected fine plus the cost of the court proceedings,
    and/or
  2. to select a person residing within the jurisdiction of the court, giving that person power of attorney to receive official letters from the court pertaining to further prosecution or settlement of the penal proceedings (§132 I StPO).
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Supposing I can leave custody on bail, how much will it cost and must I personally have the funds?

When the judge decides on the amount of bail, he will set in relation to your personal financial situation, the nature of the crime, and the likelihood of you leaving the country. If you leave the country without permission or hide within Germany, your bail will be confiscated. Release on bail is rarely applied in the case of non-German arrestees because of the likelihood of escaping from justice by leaving the country. Even in cases where a fixed residence and family ties in Germany can be proven, the court is most hesitant to grant leave on bail.
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Hey great, so they’ve got a warrant out to get me. Will I be able to contact somebody when they get a hold of me?

At the time of your arrest, you must be notified of the arrest warrant. You will receive a copy of it, too (§114a StPO). After you have been brought to headquarters, the court must advise one close relative or one person, in whom you place confidence, and you can also contact your next-of-kin or one other person (§114b StPO). If you wish your consulate to be notified of your arrest, you should say so at this time. Under Article 36 (1) b of the Vienna Convention on Consular Relations, the Federal Republic of Germany must, at your request, notify the consular representative of your country of nationality immediately upon your arrest!
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The police have just taken me into custody. What are my rights? What do I have to do?

First of all, keep quiet, and do not panic. Do not use any force against the police that will just make things worse. Give them your name, date of birth, place of birth, address, nationality but nothing more! Do not even try to explain anything. You have the right to refuse to make a statement (§136 I 2 StPO). You have the right to remain silent! Your refusal to explain yourself cannot be used against you. You can really toughen your defense by carelessly talking – even without formal protocol of your conversation. Police officers might write a memo after observing and listening to you. This memo can be used against you in court. Only your total silence will keep you safe. Demand that you may contact your attorney.
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Uuaah. Pre-trial time is now seven months long, and nothing is happening. Am I to rot here?

You are to be released from pre-trial detention when you are behind bars for more than six months – unless there are special reasons for this such as difficulty in searching and finding the facts (§121 StPO). Just because you have allegedly murdered somebody gives no grounds to keep you in pre-trial detention for more than six months.
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