Pretrial detention is one of the most serious means of coercive measures, as the person concerned can face imprisonment for up to six months. If there are particular difficulties in the investigation, the pre-trial detention according to 121 StPO can even exceed six months. According to 112 StPO, remand detention can be ordered against the accused if he is strongly suspected of an act and there is a reason for detention.

When is there a reason for detention?

A reason for detention exists in particular if

the accused is on the run or is in hiding, or if the accused is in danger of fleeing or if there is a fear that the accused might destroy material evidence or manipulate witnesses.

If, in the opinion of the investigating judge, one of these characteristics is present in the accused, the suspect is threatened with an order of remand detention.

What options are there to take action against the order of pre-trial detention?

Against the order of pre-trial detention, by way of a complaint according to § 304 StPO can be proceeded. Such a complaint always has a chance of success if the investigating judge has incorrectly or inadequately assessed circumstances that concern the accused or even misjudged decisive personal characteristics of the person concerned in a disadvantageous way.

Since such decisions by the investigating judge can often be made prematurely, a renewed examination of the defense attorney with regard to the existence of the prerequisites for such a pre-trial detention is essential. A successful complaint can lead to a remedial decision, which in turn can result in exemption from detention or even in the annulment of the arrest warrant.

Especially since pre-trial detention means a far-reaching encroachment on the rights and personal living conditions of the accused, legal action against such an order with the help of a criminal defense attorney is necessary.

As experienced defense lawyers, we advise you at our offices as well as nationwide and stand up for your rights.