In brief

Pre-trial detention is not a punishment; its purpose is to secure the proceedings. Even so, people sometimes spend months in custody before their guilt is tried at all. That is why custody cases are subject to a strict requirement of speed and an automatic review after six months.

An arrest warrant under Sections 112 et seq. StPO is required: strong suspicion, a ground for detention and proportionality. During detention restrictions may be ordered, such as monitoring of visits, phone calls and post (Section 119 StPO). Contact with defence counsel is excluded from this and remains confidential.

Beyond six months, detention for the same offence may only continue where the particular difficulty or scope of the investigation has not yet allowed a judgment (Section 121(1) StPO). This is then examined by the higher regional court, for the Bonn district the Higher Regional Court of Cologne. Delays attributable to the justice system regularly lead to release at this review.

Ways out of custody

A review of detention under Section 117 StPO, on application with an oral hearing (Section 118 StPO). A complaint under Section 304 StPO. And, often the most promising, suspension of the warrant under Section 116 StPO. This is possible where less intrusive measures achieve the purpose just as well: reporting to the police, surrender of a passport, a residence condition, a contact ban, bail. The court only examines these seriously if they are offered and documented concretely, with a tenancy agreement, confirmation from an employer or a commitment as to who will put up the bail.

Credit and compensation

Time spent in pre-trial detention is credited against a later prison sentence or fine (Section 51 StGB); one day in custody counts as one daily rate. If the case ends in acquittal or discontinuation, compensation is available under the Criminal Prosecution Compensation Act: for non-material damage a flat 75 euros per day since 2020 (Section 7(3) StrEG), plus proven financial loss. The claim is subject to deadlines.

Defence is mandatory in custody cases. Counsel is appointed immediately, and you may name the lawyer yourself. Access to the file may only be refused to a very limited extent in custody cases.

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