What is pre-trial detention? Pre-trial detention is a temporary detention in the context of criminal proceedings. It serves to secure the proceedings, especially if there is a risk of flight, concealment or repetition. The legal basis can be found in §§ 112 ff. of the Code of Criminal Procedure (StPO).

Requirements for ordering pre-trial detention

• Strong suspicion: There must be a high probability that the accused has committed a criminal offense.

• Reason for detention: There must be at least one of the legally defined reasons for detention, such as the risk of flight, concealment or repetition.

• Proportionality: The ordering of pre-trial detention must be proportionate. It may only be used as a last resort if no other, less drastic means (e.g. reporting requirements) are available.

Procedure and legal steps

• Judicial arrest warrant: Pre-trial detention is ordered by a judicial arrest warrant.

• Hearing of the accused: The accused must be heard before the arrest warrant is issued.

• Detention review and detention appeal: Pre-trial detention is subject to regular judicial review. The accused can apply for a review at any time and lodge an appeal against the arrest warrant.

Maximum duration of pre-trial detention The duration of pre-trial detention is limited. Continuation beyond six months is only possible under special circumstances.

Our role as your criminal defense lawyers

• Defense against pre-trial detention: We work to ensure that your right to freedom is protected and examine whether the conditions of pre-trial detention are lawful.

• Application for detention review: We file applications for detention review and represent you in all related proceedings.

• Strategic defense: We develop a customized defense strategy for your case and support you through every step of the proceedings.

Contact us: Are you or a relative affected by pre-trial detention? Contact us for a competent and committed defense in your criminal proceedings.