Arrest Warrant in German Criminal Law – Pre-Trial Detention and Defence in Frankfurt

An arrest warrant (Haftbefehl) under the German Code of Criminal Procedure (StPO) is a key instrument to secure the accused’s appearance and to safeguard investigations. German law distinguishes between the session arrest warrant under § 230(2) StPO and the investigative/pre-trial detention warrant under § 114 StPO. This overview explains legal bases, scope, safeguards and international aspects. For personalised advice, please contact our defence team or see our Criminal Defence and German Criminal Procedure pages.

Session Arrest Warrant (§ 230(2) StPO)

The session arrest warrant secures attendance when a mere order to bring the accused is insufficient. Its issuance does not require strong suspicion or a detention ground under §§ 112 ff. StPO. The order is either recorded in the minutes of the main hearing (§ 273(1) StPO) or issued in writing (§ 114(1) StPO) and must include personal details, a short legal description of the alleged offence, and the fact of unexcused absence.

Although the time-limit provisions of §§ 121, 122 StPO do not apply, strict proportionality limits enforcement. Detention beyond the regular interruption maximum of three weeks (§ 229(1) StPO) is generally disproportionate; execution should take place close to the next hearing. In suitable cases, release under §§ 116 ff. StPO may be applied by analogy. The session warrant usually ends with the conclusion of the main hearing; in lengthy trials, proportionality must be reviewed regularly.

Investigative Arrest Warrant (§ 114 StPO)

Formal Requirements and Jurisdiction

Pre-trial detention requires a written, signed judicial warrant (§ 114(1) StPO) as the legal basis for arrest and for enforcement measures. Content and reasoning are governed by § 114(2)–(3) StPO. Jurisdiction lies with the competent investigating judge (§ 125 StPO). Even a warrant linked to § 230(2) StPO must meet § 114(2). Where detention continues after conviction (§ 268b StPO), a mere reference to earlier warrants is usually insufficient if the basis has changed materially.

Form and Written Record

The warrant must be issued in writing and signed; an oral announcement is possible but the written version must follow without delay. Incorporation into the hearing record is permissible but impractical since the accused must receive a copy (§ 114a(2) StPO). Templates may be used, yet each case requires an individualised assessment.

Purpose and Justification

A clear order of detention is essential—without it, the warrant cannot be enforced. The duty to give reasons serves the court’s self-control, informs the accused and defence, and enables appellate review, thereby safeguarding the right to be heard and revealing the factual and legal grounds of the interference.

Identity and Offence Description

The accused must be identified (name, date of birth, address; where needed, nationality, aliases, description or photo reference). The alleged conduct must be set out in an indictment-like manner, covering all elements, including qualifications, participation and attempts. Place and time must be stated; approximate details may suffice where jurisdiction, limitation and identity remain reviewable. Pure file references are inadequate unless the referenced document is enclosed.

Legal Provisions and Grounds for Detention

All applicable criminal provisions must be cited, including attempts/participation and concurrence. At least one detention ground (e.g. risk of flight, collusion, repetition) must be specified. For juveniles, the warrant must explain why less intrusive measures are inadequate. For background on detention grounds like risk of flight, see our guide on Criminal Defence in Germany.

Facts, Evidence and Exceptions

The warrant must summarise the core facts establishing strong suspicion and the detention ground, ideally with concise references to key evidence. If national security is at stake, reasoning may be restricted; judicial conviction remains required.

Amendments, Scope and Hearing

The warrant must be adapted if suspicion, grounds or charges change materially. Changing the detention ground requires prior hearing. The warrant may be limited to serious offences where appropriate. During investigations, a prosecutor’s application is generally required; after indictment, the court may act ex officio. Special rules apply to the hearing of the accused (§ 114b StPO). For procedural context, see German Criminal Procedure.

Execution, Searches and International Aspects

Execution includes arrest, search and transfer to prison, carried out by the prosecution with police support. The warrant authorises a search of the accused’s residence; for third-party premises §§ 103, 105 StPO apply. Parliamentary immunity (Art. 46(2) Basic Law) must be respected—outside the in flagrante delicto exception, prior parliamentary approval is required. For extradition and the European Arrest Warrant, the RiVASt guidelines set out formal requirements. If you face cross-border issues, speak with our English-speaking criminal lawyers in Frankfurt.

Further Information and Immediate Help

More background on investigations, searches and detention is available on our pages for Criminal Defence and German Criminal Procedure. For urgent assistance, please contact us.

FAQ: Arrest Warrants in German Criminal Procedure

• • What is the difference between a session and an investigative warrant?
  A session warrant (§ 230(2) StPO) secures attendance after unexcused absence and requires neither strong suspicion nor a detention ground. An investigative warrant (§ 114 ff. StPO) requires both.
• • What must an arrest warrant contain?
  Clear identification, an exact description of the offence with place/time, applicable provisions and at least one ground for detention, plus a summary of supporting facts. See procedure requirements.
• • How long can a session warrant be enforced?
  No §§ 121/122 StPO limits, but proportionality applies. Detention beyond three weeks (§ 229(1) StPO) is usually excessive; execution should be scheduled close to the next hearing.
• • Who applies for an arrest warrant?
  Generally the public prosecutor during investigations; after indictment, the court may act ex officio. Details under Criminal Defence.
• • Does a warrant authorise searches?
  Yes, for the accused’s home; for third-party premises §§ 103, 105 StPO apply. See our guidance on search and investigation measures.
• • What about MPs and immunity?
  Parliamentary immunity must be observed (Art. 46(2) Basic Law). Outside in flagrante delicto, detention requires prior parliamentary approval.
• • What should I do if served with a warrant?
  Contact a specialised criminal defence lawyer immediately and avoid statements before file review. You can reach us here.

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