Custodial matters
From arrest to pre-trial detention and imprisonment as execution of a sentence
Pre-trial detention
Pre-trial detention (“Untersuchungshaft”) is a massive encroachment on the liberties of a person. After all, the presumption of innocence applies, according to which every person is presumed innocent until proven guilty by law, Article 6 (2) of the European Convention on Human Rights (ECHR)
Nevertheless, pre-trial detention may be ordered to secure the criminal proceedings. So if your brother, friend, husband, wife, daughter or someone else close to you has been arrested, it is particularly important to act quickly. That is why you can reach me in emergencies like that around the clock. Defence at an early stage is particularly important, as important preliminary decisions are made in the first few days after an arrest.
When may pre-trial detention – so called ramend detention – be ordered?
An arrest warrant may only be issued by the judge if
- someone is strongly suspected of having committed the offence
- there is a ground for arrest and
- and it is proportionate to the significance of the case
Urgent suspicion of an offence
There is an urgent suspicion of a criminal offence if, according to the current state of the investigation, there is a high/great probability that the accused is the perpetrator of or a participant in a criminal offence. The strong suspicion may only be based on specific facts and not on mere assumptions or future investigation results.
Grounds for pre-trial detention are
- the accused is large or in hiding (Flucht”)
- the accused is at risk of flight (“Fluchtgefahr”)
- risk of the suppression of evidence (“Verdunklungsgefahr”)
- danger of recidivism (“Wiederholungsgefahr”)
- seriousness of the offence
Other grounds for custodial measures
- Conviction by a court to a custodial sentence
- Substitute detention due to unpaid fine
- Enforced detention due to unpaid fine
- Placement in a psychiatric hospital according to Section 63 German Criminal Code (StGB)
Even if you have already been sentenced by a court, I will advise and represent you in the enforcement proceedings. Frequent concerns of my clients are
Defence against imprisonment as execution of a sentence
- Transfer to another prison
- Relaxation of prison sentence
- Early release from prison, so-called suspension of remainder of determinate sentence of imprisonment after two-thirds or half of the imposed sentence, Section 57 German Criminal Code (StGB)
- Temporary postponement if immediate enforcement causes serious detriment to the convicted person or to the convicted person’s family which is unintended by the penalty (“Haftverschonung”), Section 456 Germen Code of Criminal Procedure (StPO)
- Therapy instead of punishment, Section 35 German Narcotic Drugs Act (BtMG)
