Risk of Flight in German Criminal Proceedings – Pre-Trial Detention and Defence in Frankfurt
Overview: The Legal Basis of “Risk of Flight”
Under Section 112 (2) No. 2 of the German Code of Criminal Procedure (StPO), risk of flight (Fluchtgefahr) exists if the overall assessment of the case suggests that it is more likely the accused will evade the proceedings than appear for trial.
This risk must arise from specific circumstances, although direct proof is not always required.
If you are facing criminal allegations in Germany – for example relating to the offence or procedural situation described on this page – you should seek early advice from our English-speaking criminal defence solicitors and specialist lawyers for criminal law in Frankfurt. We defend private individuals and companies nationwide and guide you safely through investigations, police questioning and court hearings.
For a confidential initial assessment of your situation and the development of a tailored defence strategy, you can reach us on +49 69 710 33 330 or by email at kanzlei@dr-buchert.de.
External Circumstances and Suspicion of Flight
A suspicion of flight cannot be based solely on the existence of favourable external conditions. What matters is whether the accused is actually likely to make use of those opportunities.
The assessment must always consider the context of the specific case.
Being held in custody in another matter does not automatically rule out flight risk, while other ongoing investigations may increase it.
Influence of Expected Sentence
The expected sentence plays a crucial role in evaluating risk of flight.
A severe sentence alone does not automatically justify detention. Instead, courts apply a comprehensive assessment of all relevant factors.
A combination of a high possible sentence and additional personal or situational circumstances can, however, create a significant incentive to flee.
Additional Factors Indicating Flight Risk
The higher the potential sentence, the lower the threshold for additional factors to justify detention.
In cases where a substantial custodial sentence is likely, even indirect indicators may suffice to assume flight risk.
Financial and Personal Ties
Financial pressures or the threat of considerable economic consequences may increase flight risk, even where strong family or social ties exist.
Nevertheless, courts pay close attention if an accused has consistently appeared for prior hearings while being aware that a non-suspended prison term is likely.
Fixed Residence
Lack of a permanent residence in Germany is considered a strong indicator of flight risk.
However, this must be assessed case-by-case, for instance, where a person lives near the border and regularly commutes to work in Germany.
Frequent Change of Address
Repeated changes of address without official registration may support a finding of flight risk.
However, merely having a registered residence does not automatically eliminate the risk.
Awareness of the Investigation
If the accused has long been aware of an investigation or search, this does not automatically mean they have attempted to flee.
Past compliance with investigation measures can weigh against detention.
Residence in an EU Member State
Where an accused resides within the European Union, courts also consider family situation and professional ties.
If strong social connections did not deter the alleged offence, this may influence the court’s evaluation of risk of flight.
Foreign Nationals and Contacts Abroad
Being a foreign citizen or having previously lived abroad is not enough to justify pre-trial detention for flight risk.
Even non-residents of Germany are not automatically considered flight risks, unless a longer prison term is likely and no stable ties (such as family or employment) exist.
Expected Sentence and Likelihood of Flight
A high expected sentence cannot alone establish flight risk.
The decisive factor remains a personalised, holistic assessment.
If a defendant, fully aware that a non-suspended sentence is possible, continues to appear for trial, this argues strongly against detention.
Ties as a Counterbalance
Where strong incentives to flee exist, courts require tangible, credible personal ties that make flight unlikely.
The absence of such ties – for example, strained family relationships – may support detention based on flight risk.
Federal Court of Justice (BGH) on Flight Risk
The Federal Court of Justice (BGH) has held that the expectation of a conviction resulting in imprisonment of around two years can constitute a flight incentive.
Serious Criminal Allegations and Incentive to Flee
Flight risk may also be assumed when the accused faces multiple serious charges, such as drug trafficking involving substantial quantities.
Nevertheless, the assessment must always include any circumstances speaking against the likelihood of flight.
FAQ: Risk of Flight and Pre-Trial Detention in Germany
What does “risk of flight” mean under German law?
It refers to the likelihood that a defendant will evade proceedings rather than face trial, based on an overall assessment of personal and case-related factors.
Can a high expected sentence alone justify detention?
No. A severe penalty must be accompanied by additional circumstances suggesting an actual risk of absconding.
Does lacking a residence in Germany mean automatic detention?
Not necessarily. It is a strong indicator but must be weighed with other personal and family factors.
How does family or employment affect the assessment?
Stable family, social and professional ties generally reduce the likelihood of flight.
What did the Federal Court of Justice decide?
That an expected imprisonment of around two years can constitute a sufficient incentive to flee in certain cases.
Can foreigners also be considered flight risks?
Only if no meaningful ties to Germany exist and a significant sentence is likely.
How can a defence lawyer help?
Experienced counsel can present all personal and procedural factors against the assumption of flight risk and apply for release or alternative measures.
See our Criminal Defence Overview or Contact us here.
Contact Our Defence Lawyers – Pre-Trial Detention Experts in Frankfurt and Nationwide
- 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
Our law firm Buchert Jacob Peter has over 25 years of experience in criminal defence in Frankfurt am Main and represents clients across Germany.
📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de
Further reading:
German Criminal Procedure |
Criminal Defence in Germany |
White Collar Crime Defence |
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