Arrest warrant

What is an arrest warrant? An arrest warrant is a court order that leads to the temporary detention of a person. It is issued as part of criminal proceedings if certain legal requirements are met. The legal basis for an arrest warrant is set out in sections 112 et seq. of the Code of Criminal Procedure (StPO).

Essential points of an arrest warrant

  1. Urgent suspicion: The arrest warrant requires an urgent suspicion that the accused has committed a criminal offense. This means that there must be concrete evidence that justifies the assumption that the person has committed the crime.

  2. Existence of a reason for detention: In addition to the urgent suspicion, there must be at least one reason for detention. This can be a risk of absconding, risk of concealment, risk of repetition or a particularly serious case of risk of absconding.

  3. Judicial order: An arrest warrant is always issued by a judge. As a rule, the accused must be heard by a judge before an arrest warrant is issued.

  4. Review and legal remedies: The issuing of an arrest warrant is not a final step. The accused has the right to have the legality of the arrest warrant reviewed and, if necessary, to lodge an appeal.

  5. Principle of proportionality: The issuing of an arrest warrant must always be proportionate. This means that detention may only be ordered if it is necessary to secure the criminal proceedings and no milder means are available.

Our role as your criminal defense lawyers

  • Review of the arrest warrant: We check the legality of the arrest warrant and work to ensure that your rights are protected.

  • lodging an appeal: If the arrest warrant is unlawful, we will support you in lodging the appropriate appeal.

  • Defense in the main case: Regardless of the arrest warrant, we represent you in all phases of the criminal proceedings and strive for the best possible defense strategy for your case.

Contact us: Are you or a relative affected by an arrest warrant? Contact us for professional defense and advice. Our team is at your side to protect your rights and ensure an effective defense.