Pre-Trial Detention in Germany – Arrest Warrants, Grounds and Defence

Pre-trial detention (Untersuchungshaft) is governed by Sections 112 et seq. of the German Code of Criminal Procedure (StPO). Below you will find the legal requirements, typical detention grounds, proportionality checks and the remedies available. For urgent help, contact our English-speaking criminal defence lawyers in Frankfurt or see our overview of criminal defence services.

Mandatory Defence in Pre-Trial Detention

If a suspect is held in pre-trial detention, the court must appoint a defence lawyer pursuant to Section 140(1) No. 4 StPO. We assume representation immediately and coordinate strategy and visits. For procedure essentials, see German criminal procedure.

Issuing the Arrest Warrant

An arrest warrant (Haftbefehl) is issued by a judge upon the prosecution’s application (Section 125(1) StPO) if the statutory conditions are met. First, there must be a strong suspicion (dringender Tatverdacht) under Section 112(1) StPO—a high probability that the person committed or participated in the offence.

Detention Grounds (Sections 112, 112a StPO)

• • Flight: the suspect is already on the run or hiding (e.g., unregistered living arrangements, false identity) to evade proceedings.
• • Risk of flight: it is more likely the suspect will evade proceedings than appear when summoned or for enforcement. Assessment considers offence type, personality, life circumstances, prior conduct, ties, use of aliases, lack of family or employment ties, and foreign connections or assets.
• • Risk of collusion (obstruction): a strong likelihood the suspect will interfere with evidence or witnesses, thereby impeding the truth-finding process.
• • Risk of repetition (Section 112a StPO): a preventive ground limited to certain enumerated offences to protect the public from further serious crimes.

Arrest Warrant Without Regular Grounds

Even without the above grounds, an arrest warrant may be issued where there is strong suspicion of certain particularly serious offences listed in Section 112(3) StPO (e.g., murder, manslaughter, aggravated arson).

Proportionality

Pre-trial detention must be proportionate to the case’s significance and the expected sentence or measure. Courts must consider milder alternatives (e.g., reporting duties, bail, residence requirements). We consistently argue proportionality and suitable alternatives; see our defence practice.

Remedies Against Pre-Trial Detention

Defence may apply for a detention review under Section 117 StPO or file a complaint (Beschwerde) under Section 304 StPO. The complaint is generally subsidiary to the detention review, but a complaint against the review decision remains possible (Section 117(2) Sentence 2 StPO). Our attorneys use both tools to obtain release where grounds no longer exist or milder means suffice.

Six-Month Review of Continued Detention

After six months in custody, the Higher Regional Court (Oberlandesgericht) must examine under Sections 121, 122 StPO whether an important reason justifies continued detention. We prepare targeted submissions and propose alternatives.

FAQ: Pre-Trial Detention in Germany

When is pre-trial detention ordered?
If there is strong suspicion and at least one detention ground (flight, risk of flight, collusion, or risk of repetition), and detention is proportionate.

What is an arrest warrant and who issues it?
A judge issues a written warrant on application by the prosecution when the statutory requirements are met (Sections 112, 125 StPO).

Do I need a lawyer in custody?
Yes. Defence is mandatory in detention cases (Section 140(1) No. 4 StPO). Contact our English-speaking defence team.

How can pre-trial detention be challenged?
Via a detention review (Section 117 StPO) and/or a complaint (Section 304 StPO). We also argue for milder measures (bail, reporting, residence orders).

What is “risk of flight”?
It is more likely that the suspect will evade proceedings than appear when required, assessed on all circumstances (offence, ties, aliases, foreign links, assets).

Is there a time limit?
After six months, the Higher Regional Court must review continued detention (Sections 121, 122 StPO).

Contact Our Criminal Defence Lawyers in Frankfurt and Nationwide

Buchert Jacob Peter defends clients in pre-trial detention matters and complex criminal proceedings throughout Germany.

• • Dr Caroline Jacob – Specialist Lawyer for Criminal Law
• • Frank M. Peter – Specialist Lawyer for Criminal Law
• • Of Counsel: Prof. Dr Frank Peter Schuster
• • Cooperation Partner: Frank Wehrheim – Tax Advisor and former Tax Investigator

📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de

Further reading: German Criminal Procedure | Criminal Defence | Our Attorneys | Contact

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