- Details
- Parent Category: Courts
- Created on Sunday, 14 December 2008 18:29
- Last Updated on Friday, 15 February 2013 17:41
Remedies Against Pre-Trial Detention
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Detention sucks, no doubt. Isn’t there anything I can do about it?
As long as you are charged with a major offense (a felony) which is under investigative detention, you can, at any time, request a Haftprüfung, a judicial examination / reexamination of the reasons as to whether the continuation of your detention is still justified or could be substituted by posting bail (§117 I StPO). You may also file a complaint (Beschwerde) against your detention. However, it is not permissible to file a complaint against detention simultaneously with a request for a judicial examination of the validity of the reasons for continued detention as seen by the district attorney.
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How is the proceeding when the judge checks the reason my detention? Will I have to file an application?
The examination of the validity of continued detention is generally conducted orally (mündlich verhandelt) at your request, or at the discretion of the court (§118 StPO). The same oral proceedings may be used for the examination of a complaint (Beschwerde) against detention.
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That oral hearing on my detention didn’t release me from jail. That stupid judge didn’t get the point that I have nothing to do with that allegation! I’m absolutely innocent. So, can I now a file another complaint that my case be retried?
You can file another request for a hearing only if you have been in pre-trial detention
- for at least three months
and - at least two months have elapsed since his last hearing.
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Do I really have to go to the hearing? Couldn’t my attorney just go on my behalf?
You have to be personally present at the hearing, unless you expressly waive your right to be present, or illness, distance from the court, or other reasons make your presence impossible or unreasonable. If you are in jail and cannot be present at the hearing, you must be represented by your defense attorney. The court must assign an attorney for this purpose, unless you have your own lawyer.
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