Pre-Trial Detention

Pre-Trial Detention (Pre-Trial Detention) in German Criminal Proceedings

Pre-trial detention (Pre-Trial Detention) is the most severe coercive measure in German criminal procedure. It involves the imprisonment of an accused person before their conviction, based on a judicial arrest warrant. Pre-trial detention is governed by Sections 112 to 130 of the Code of Criminal Procedure (StPO) and requires both a strong suspicion of a criminal offence and a specific ground for detention, such as flight risk, risk of evidence tampering, or – in cases of serious offences – the severity of the expected sentence.

Your Rights in Pre-Trial Detention

If you have been placed in pre-trial detention, you have the right to immediate access to a defence lawyer, who may visit you in the detention facility at any time. You have the right to challenge the arrest warrant through a judicial review hearing (Haftprüfung) or a complaint (Haftbeschwerde). You have the right to be heard by a judge at regular intervals regarding the continuation of the detention. The detention must be proportionate, and the court must regularly review whether less restrictive measures – such as bail, surrender of passport, or electronic monitoring – can replace detention.

How BAFTEH Strafverteidigung Can Help

If you or a family member has been remanded in pre-trial detention, immediate action is critical. BAFTEH Strafverteidigung provides emergency representation and visits clients in detention facilities without delay. Our immediate priorities are to review the arrest warrant for legal deficiencies, to prepare for the judicial review hearing, and to present arguments for release or for the substitution of detention with less restrictive measures. We also ensure that the accused’s conditions of detention comply with legal standards and that their rights are fully respected.

Pre-trial detention: requirements and legal protection

When may pre-trial detention be ordered?

Pre-trial detention requires a strong suspicion and a ground for detention (§§ 112 ff. StPO). Grounds are in particular flight or risk of flight, risk of tampering with evidence or – in certain cases – risk of repetition. Proportionality must always be observed; often a suspension subject to conditions (e.g. reporting requirements or bail) is possible.

Legal protection against detention

Against the arrest warrant a review of detention (§ 117 StPO) and an appeal against detention (§ 304 StPO) are available. At the latest after six months the higher regional court reviews continued detention (§§ 121, 122 StPO). In pre-trial detention a court-appointed defender is assigned (§ 140(1) no. 4 StPO).

What matters now

Early defence can influence the custody decision, possible conditions and the duration of detention. Relatives should organise legal assistance as quickly as possible; statements on the matter should be avoided until then.

Note: This information is general and does not replace advice in an individual case.

This information does not replace a review of the individual case. In criminal proceedings, the defence strategy depends substantially on the case file, the specific allegation and the evidence.