In brief

An arrest warrant requires more than mere suspicion: a conviction must be highly likely and there must be a ground for detention, usually risk of flight. Every warrant can be challenged, and it can often be suspended subject to conditions.

Under Section 112(1) StPO, pre-trial detention may be ordered where the accused is strongly suspected of the offence and a ground for detention exists. The grounds are flight, risk of flight and risk of collusion (Section 112(2) StPO), and for certain offences also risk of reoffending (Section 112a StPO). For some capital offences strong suspicion alone is enough under Section 112(3) StPO, although the Federal Constitutional Court requires some indication of risk even there.

Detention must always be proportionate to the significance of the case and the expected sentence. For offences carrying at most six months’ imprisonment, Section 113 StPO restricts detention severely.

Not every warrant is the same

In practice we encounter several kinds. The classic pre-trial detention warrant under Sections 112 et seq. StPO. The warrant under Section 230(2) StPO when a defendant fails to appear at the main hearing without excuse. The security warrant under Section 453c StPO when revocation of a suspended sentence threatens. And the enforcement warrant under Section 457 StPO when someone fails to begin serving a final sentence or a default sentence for an unpaid fine. The last one can often still be averted at the front door by paying the amount owed.

After arrest

The arrested person must be brought before a judge without delay and at the latest on the day after the arrest (Sections 115 and 128 StPO). They receive a copy of the warrant in a language they understand (Section 114a StPO) and written information on their rights (Section 114b StPO), including the right to contact a lawyer and to notify relatives. Defence is mandatory in custody cases; counsel must be appointed immediately (Section 140(1) no. 4 StPO).

A review of detention (Section 117 StPO) and a complaint against the warrant (Section 304 StPO) are available. Often the quicker route is suspension under Section 116 StPO: reporting requirements, surrender of a passport, bail, a fixed address with proof. Risk of flight is frequently argued from the expected sentence alone. Concrete ties such as an employment contract, a tenancy agreement and family can be set against it.

General explanation, not advice on an individual case. As of November 2026.