Arrests and custody: everything you need to know now!

Arrests and custody: everything you need to know now!

On May 23, 2025, the topic of pre -trial detention in Germany is again illuminated, in particular the requirements and legal framework that apply to their order. The legal foundations are clearly defined in the Code of Criminal Procedure (StPO) and the arrangement of pre -trial detention is only possible under strict conditions.

Alleged perpetrators often quickly reach after interrogations and identification measures. However, pre-trial detention can only be ordered if there is an urgent suspicion of crime and one of the legally defined reasons for detention- escape, blackout or repetition. The police alone do not have the authority to order ceremony; That is the responsibility of a judge. However, the police can temporarily arrest persons for preventive security, whereby they have to be brought before a judge at the latest 48 hours, such as [rbb24.de] (https://www.rbb24.de/panorama/biebtrag/2025/polizei-vorlaeuftige-freich--wert-wertworden- justz.html) reported.

preliminary arrest and custody

Another aspect of the arrest includes the provisional arrest, which is permissible if someone is affected in the act or if there is a risk of escape. This process can also be carried out without a judicial order, but an immediate demonstration of the accused in front of the judge is required. Some clients often express concern to have to go to prison, which represents a legitimate and serious fear, since the deprivation of liberty represents the hardest measure in the German legal system, as [https://www.anwalt.de/rechtstipps/vorlaeuft-und- u-haft_168148.html) states.

The legal requirements also stipulate that the order of pre -trial detention must be an urgent suspicion. This means that there must be a high probability that the accused committed the crime. At least one reason for detention must also be available, be it risk of escape, risk of darkening or risk of repeating. The proportionality of the intervention must also always be checked, since the pre-trial detention does not serve as a punishment but to secure the procedure and the accused is considered innocent until his guilt is proven, according to [https://www.anwalt.de/rechtstipps/schaftschaftschruende-35839.html).

criteria for the arrangement of u-stab

The most important criteria for the arrangement of a U-detention:

• urgent suspicion: high probability that the accused committed the crime.
• detention reasons: there must be risk of escape, risk of darkening or risk of repetition.
• proportionality: The deprivation of liberty must be appropriate and milder funds must be considered.

The reasons for detention are clearly regulated in paragraph 112 and 112a of the StPO. Another point is the duration of the custody: it is not limited, but must always be proportionate. If no arrest warrant has been issued after six months or no main hearing takes place, the custody must be canceled, unless there are special reasons for delays. The time in custody is credited to a possible later prison sentence, which continues to complicate the legal situation for those affected, such as [rbb24.de] (https://www.rbb24.de/panorama/biebtrag/2025/polizei-vorlaufige-freicht-freich--wertwert- justiz.html) and anwalt.de illustrate.