How long is pre-trial detention in Germany?
An arrest warrant immediately changes the situation: freedom, work, family and defence in criminal proceedings are under considerable pressure. The question “how long does pre-trial detention last” cannot therefore be answered with a fixed number. Although the six-month limit is central, it does not automatically end pre-trial detention. What matters is the accusation, the reason for detention, the state of the investigation and whether the procedure is being conducted with the necessary speed.
Pre-trial detention is not a punishment. It may only be ordered and continued if there is an urgent suspicion, there is a legal reason for detention and the detention is proportionate. Precisely because it intervenes in freedom before a final conviction, it is subject to continuous judicial control.
How long is pre-trial detention normally?
There is no legal maximum duration for pre-trial detention in Germany. In practice, however, it is limited to the time necessary for a speedy procedure and proportionate to the accusation.
In less complex procedures, pre-trial detention can end after days, weeks or a few months - for example, because the warrant is lifted, the reason for detention is waived or the court suspends the warrant against conditions. In large-scale proceedings, such as serious violent crime, organised crime, large-scale economic crimes or multiple defendants, it can take much longer.
The duration does not depend solely on how serious the accusation is. Even in the case of a serious accusation, pre-trial detention may not continue if investigations or judicial proceedings are unavoidably delayed. Conversely, a complex process can justify prolonged detention if the judiciary is working visibly and comprehensibly to advance the process.
The six-month limit according to § 121 StPO
After six months, the pre-trial detention is checked particularly strictly. If no judgment has been issued by then, it may in principle only be continued if special difficulties, an unusual extent of the investigation or another important reason do not yet permit a judgment. The continuation must then be justified.
As a rule, the Higher Regional Court decides on this. This particular test of detention is not a mere formal act. In particular, the court shall examine whether the urgent suspicion and the grounds for detention persist, whether the detention is still appropriate and whether the proceedings have been sufficiently accelerated.
It is therefore possible to exceed six months, but not self-evidently. The public prosecutor's office and the courts must be able to explain specifically why the proceedings have not yet been concluded. General references to workload are not sufficient for this. Delays attributable to the state can make the continuation of detention disproportionate.
Even after the first six-month examination, the duration of pre-trial detention remains subject to control. With increasing detention time, the demands on the acceleration of procedures and on the justification for why a milder measure is not sufficient increase.
What are the reasons for remand?
Not every urgent suspicion justifies an arrest warrant. In addition, there must be a reason for detention. Often it is about flight or danger of flight. The court assesses not only a possible penalty expectation, but the entire personal situation: fixed housing, family, work, financial ties, contacts abroad and the previous behavior can play a role.
Further reasons for detention are the danger of darkening and, in certain cases, the danger of repetition. The danger of obscurity requires concrete indications that evidence could be influenced, witnesses under pressure or agreements made. In the event of a risk of recurrence, special legal requirements apply; It does not affect every accusation.
Depending on which reason for detention is assumed, the starting points for the defense differ. For example, if an important witness has already been heard and relevant data carriers are secured, the justification of a continuing risk of darkening may lose weight. If there is a risk of absconding, robust social and professional ties and appropriate conditions can be decisive.
Detention Examination and Detention Complaint: What Are Possibilities?
Pre-trial detention does not have to wait until charge or trial. The defence may request a detention test. In doing so, the competent court shall examine whether the arrest warrant is to be revoked, suspended or maintained. A detention check is particularly useful if the facts have changed or if the original justification of the arrest warrant does not bear.
In addition, an adhesion complaint can be filed. It is directed against the judicial decision on the arrest warrant. Which approach makes more strategic sense in the specific case depends on the status of the file, on the reasons for the arrest warrant and on the urgency. Multiple remedies without a clear line of defense do not automatically help.
An arrest warrant can also be issued against conditions Decommissioned will become. Then he remains, but the person concerned is released under conditions from prison. For example, regular reporting obligations, a guarantee, the submission of identity documents, contact bans or guidelines on the whereabouts can be considered. Whether such measures are sufficient is always a case-by-case decision.
Why Early Defense May Affect Detention Period
Time counts in prison cases. Shortly after the arrest or presentation to the prison judge, explanations about the personal situation, reachable relatives, work and housing as well as possible conditions can be relevant. At the same time, a premature admission must not burden the later defence.
and an experienced Criminal lawyers request access to the file, examine the suspicion and the grounds for detention and evaluate the useful information at the respective stage. Only the investigation file often shows how robust the accusation actually is and whether the assumptions of the arrest warrant are covered by concrete facts. Especially in the event of a danger of darkening or complex situations, the situation can change considerably after individual determination steps.
For relatives, the situation is also burdensome. They may provide practical information and documentation, such as evidence of housing, employment, family obligations or a possible security provision. However, you should not talk to witnesses about the facts or conduct your own investigation. This can be misunderstood and, in the worst case, create new problems.
What happens when pre-trial detention ends?
The end of pre-trial detention does not necessarily mean the end of criminal proceedings. The arrest warrant can be lifted because the urgent suspicion or the reason for detention has ceased. It can also be suspended, so that conditions apply. The Investigation procedure or an already scheduled legal proceedings will continue in principle.
If a prison sentence is later imposed, pre-trial detention which has already been carried out is usually counted against the sentence. However, this does not change the fact that pre-trial detention may only last as long as its legal requirements are met. It is not a means of exerting pressure to testify or of anticipating an ongoing procedure.
Foreign nationals, people without a permanent residence in Germany or people with close ties to several countries are often discussed particularly intensively. Even then: origin or nationality alone do not justify pre-trial detention. The decisive factor is always the specific personal situation and a careful legal examination.
Anyone who is themselves affected or has a relative in custody should not let the time elapse until the first defence decision. A clear, early examination of the arrest warrant can decide whether detention continues, conditions are possible or the suspicion is different than initially assumed.