§ 136 Abs. 1 StPO
Silence
You only have to give your personal details. You may refuse to say anything at all about the allegation.
Arrest and pre-trial detention
Lawyer for arrest warrants and pre-trial detention in AachenAfter an arrest, a judge often decides as early as the next day whether to order pre-trial detention. Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law, represents people who have been arrested before the custody judge (Haftrichter), at detention reviews and throughout their detention. Relatives can contact her directly.
Arrested does not mean convicted.Every detention can be reviewed.
Until you see the custody judge: personal details yes, statement on the allegation no.
Pre-trial detention (Untersuchungshaft) means losing your liberty before any judgment has been given. A judge may only order it if there is strong suspicion (dringender Tatverdacht) and a ground for detention, usually a risk of flight or a risk of tampering with evidence (§ 112 StPO). Anyone who is provisionally arrested must be brought before a judge by the day after the arrest at the latest. From that point at the latest, they are entitled to a defence lawyer, and there are two ways to challenge the detention: the detention review (Haftprüfung) and the complaint against detention (Haftbeschwerde).
Your rights in contact with the policeOne page as a PDF to save on your phone
Arrested: your rights in the first few hours
The police may provisionally arrest you (vorläufige Festnahme) if the conditions for an arrest warrant are met and there is no time to ask a judge (§ 127 Abs. 2 StPO). You must then be informed of your rights in writing and in a language you understand (§ 114b StPO). These are your rights:
§ 114b Abs. 2 Nr. 4 StPO
Speak to a defence lawyer
You may consult a defence lawyer of your choice even before you are questioned.
§ 114c Abs. 1 StPO
Inform a relative
You may inform a relative or a person you trust, as long as this does not seriously endanger the investigation.
§ 114b Abs. 2 StPO
Doctor and interpreter
You can ask to be examined by a doctor. If you do not speak enough German, you are given an interpreter free of charge.
§ 114b Abs. 2 StPO
Consulate
Foreign nationals can ask for their consulate to be informed.
No statement without a defence lawyer
Many people who are arrested want to clear up what they see as a misunderstanding straight away. Do not do this. Every sentence you say at the police station or in the cell may later appear in the file. Insist on calling your defence lawyer: +49 163 8461632.
What relatives can do now
If the judge orders pre-trial detention, the judge must ensure that a relative or a person of trust is notified without delay (§ 114c Abs. 2 StPO). Until then, a great deal remains unclear. These steps help:
Call a defence lawyer
Have the person’s name, date of birth and the place of arrest ready. A defence lawyer can make enquiries with the police and speak to the person arrested before they are brought before the judge.
Gather documents
A certificate of registration (Meldebescheinigung), an employment contract or a tenancy agreement shows firm ties. This counts when the court considers the risk of flight.
Do not talk about the allegation
Do not discuss the alleged offence on the phone or in messages.
Do not contact witnesses
Even well-meant conversations can be seen as an attempt to influence what witnesses say.
Good to know
Spouses, fiancés and fiancées and close relatives do not have to give evidence against the suspect (§ 52 StPO). Unmarried partners do not have this right. The person arrested decides who defends them. We only pass on to the family what they tell us with their consent.
From arrest to the detention decision
Usually only hours pass between the arrest and the decision on detention, at most until the end of the following day. This is how it works:
- 01
Arrest and caution
The police take you to the station and inform you of your rights in writing (§§ 127 Abs. 4, 114b StPO).
- 02
Police custody
The police secure evidence and often try to question you. The public prosecutor’s office decides whether to apply for an arrest warrant (Haftbefehl).
- 03
Court-appointed counsel
If a judge is to decide on detention, a defence lawyer is appointed for you (Pflichtverteidigung). You may name the lawyer yourself (§§ 140 Abs. 1 Nr. 4, 142 Abs. 5 StPO).
- 04
Before the custody judge
By the day after the arrest at the latest, the judge at the Local Court (Amtsgericht) questions you. The judge gives you the opportunity to dispel the suspicion and the grounds for detention (§§ 128, 115 Abs. 3 StPO).
- 05
Detention decision
The judge releases you, suspends an arrest warrant subject to conditions or orders pre-trial detention (§§ 128 Abs. 2, 116 StPO).
- 06
Transfer to prison
You are taken to a prison (Justizvollzugsanstalt, JVA) and receive a copy of the arrest warrant (§ 114a StPO).
Good to know
If an arrest warrant already exists
If there is already an arrest warrant, you are brought before the court that issued it. If that is not possible in time, the nearest Local Court deals with you first (§§ 115, 115a StPO). In this case, too, you must have a defence lawyer. How to choose your defence lawyer yourself is explained on the page Court-appointed counsel.
Arrest on a European Arrest Warrant
If another country requests extradition, the Act on International Cooperation in Criminal Matters (IRG) applies. You are brought before the nearest Local Court by the day after the arrest at the latest (§ 22 IRG). The Higher Regional Court (Oberlandesgericht) then decides on detention pending extradition and on extradition itself. You must have a lawyer (§ 40 Abs. 2 IRG). Do not agree to a simplified extradition before you have taken advice. Your consent cannot be withdrawn (§ 41 Abs. 3 IRG). More on this under Extradition. If you live outside Germany, our guide Arrested in Germany summarises the key points.
Grounds for detention and release on conditions
Pre-trial detention is not a punishment. It requires strong suspicion and a ground for detention, and it must not be out of proportion to the significance of the case and the expected sentence (§ 112 Abs. 1 StPO).
Good to know
The grounds for detention
§ 112 Abs. 2 Nr. 1 StPO
Flight
The suspect has fled or is in hiding.
§ 112 Abs. 2 Nr. 2 StPO
Risk of flight
There is a risk that the suspect will evade the proceedings (Fluchtgefahr).
§ 112 Abs. 2 Nr. 3 StPO
Risk of tampering with evidence
The suspect’s conduct gives rise to a strong suspicion that they will destroy evidence or influence witnesses (Verdunkelungsgefahr).
§ 112 Abs. 3 StPO
Seriousness of the offence
For murder, manslaughter and certain other serious crimes, detention is possible even without these grounds.
§ 112a StPO
Risk of reoffending
This ground can apply to certain sexual offences and to repeated serious offences, such as robbery or drug dealing (Wiederholungsgefahr).
Bail paid by a relative
The judge sets the amount of the security at their discretion (§ 116a Abs. 2 StPO). If the suspect evades the proceedings, the bail is forfeited to the state (§ 124 StPO). This also applies if relatives provided the money.
A high expected sentence alone does not usually establish a risk of flight. The court must also take into account what speaks against flight: family, work, a home, or the fact that the person has faced the proceedings so far. Even in cases of murder and manslaughter, the Federal Constitutional Court requires circumstances suggesting that, without detention, the investigation or punishment of the offence could be put at risk.
Release on conditions
If less drastic measures are sufficient, the execution of the arrest warrant is suspended (Haftverschonung). Where there is a risk of flight, the judge must do this. Where there is a risk of tampering with evidence or of reoffending, the judge may do so (§ 116 StPO). The arrest warrant remains in force, but you live at home again. Typical conditions are:
Anyone who seriously breaches the conditions or makes preparations to flee must expect the arrest warrant to be enforced again (§ 116 Abs. 4 StPO).
§ 116 Abs. 1 Nr. 1 StPO
Duty to report
You report regularly to the police or another authority.
§ 116 Abs. 1 Nr. 2 StPO
Residence condition
You only leave your place of residence with permission.
§§ 116 Abs. 1 Nr. 4, 116a StPO
Security
You or another person deposit bail (Kaution) or provide a guarantee.
§ 116 Abs. 2 StPO
No contact
You have no contact with co-suspects or witnesses.
Call directly
+49 163 8461632You reach the lawyer in person. Everything you say is covered by professional confidentiality from the first call.
Detention review or complaint against detention
Both remedies aim to have the arrest warrant cancelled or suspended subject to conditions. They cannot be used at the same time: while an application for a detention review is pending, a complaint is not admissible (§ 117 Abs. 2 StPO).
Good to know
Detention review
§ 117 Abs. 1 StPO
At any time
As long as you are in pre-trial detention, you can apply for a detention review.
§ 126 Abs. 1 StPO
Which court
The court that issued the arrest warrant decides. Before charges are brought, this is usually the investigating judge.
§ 118 Abs. 1, 5 StPO
Oral hearing
On application, an oral hearing is held. Unless you agree to a later date, it must take place within two weeks of the application being received.
Good to know
Complaint against detention
If there are new circumstances, such as a place to live, a job or an offer of bail, there is much to be said for a detention review. If another court is to reassess the suspicion or the ground for detention, a complaint is usually more suitable. Before deciding, we look at the parts of the file on which the arrest warrant is based (§ 147 Abs. 2 Satz 2 StPO).
§§ 304, 306 StPO
Which court
If the Local Court does not grant the complaint itself, the Regional Court (Landgericht) decides.
§ 118 Abs. 2 StPO
Procedure
The court hearing the complaint usually decides on the basis of the file. An oral hearing is possible.
§ 310 Abs. 1 Nr. 1 StPO
Further complaint
If the Regional Court upholds the detention, the case can be taken to the Higher Regional Court.
How long does pre-trial detention last?
There is no fixed upper limit. But detention must remain proportionate, and detention cases must be dealt with particularly quickly.
§ 121 Abs. 1 StPO
Six months
Detention without a judgment may only last longer if particular difficulties, the particular scope of the investigation or another important reason do not yet allow a judgment.
§ 122 StPO
Higher Regional Court
This is decided by the Higher Regional Court, which in Aachen is the Higher Regional Court Cologne. It reviews whether detention should continue at least every three months.
§ 122a StPO
Risk of reoffending
If detention is based on this ground, it may last no longer than one year in total.
Good to know
Pre-trial detention is generally credited against any later sentence (§ 51 StGB). Anyone who is acquitted can claim compensation, for non-material damage 75 euros for each day or part of a day (§§ 2, 7 StrEG).
Visits and contact in prison
Which prison is responsible is set out in the enforcement plan of the state of North Rhine-Westphalia. In the Aachen area, pre-trial detention is carried out at Cologne Prison (JVA Köln) in Ossendorf and at Aachen Prison, among others. How often and for how long visits are possible is governed by the North Rhine-Westphalia Pre-Trial Detention Act (Untersuchungshaftvollzugsgesetz NRW) and the prison’s house rules.
§ 148 StPO
Defence lawyer
Conversations and letters with the defence lawyer are not monitored.
§ 119 Abs. 1 StPO
Family and friends
The court can order that visits, phone calls and letters require permission and are monitored.
§ 119 Abs. 5 StPO
Legal protection
You can apply for a court decision against such restrictions.
Not a word about the allegation
What is said in the visiting room, on the phone or in a letter may be listened to or read. Fellow prisoners can later give evidence as witnesses. Only talk about the allegation with your defence lawyer.
Relatives arrange visiting appointments with the prison. If a visiting permit is required, it is issued by the court or the public prosecutor’s office.
How we defend you
Karolin Hagemann de Grzymala, LL.M., certified specialist lawyer for criminal law in Aachen
In detention cases, every day counts. Karolin Hagemann de Grzymala, LL.M., is a certified specialist lawyer for criminal law and a former member of the board of the Strafverteidigervereinigung NRW e.V., the association of criminal defence lawyers in North Rhine-Westphalia. She takes on the defence personally, whether privately instructed or appointed by the court. This is how we proceed:
- First contact. We speak to the person arrested, if possible before they are brought before the judge, and accompany them to the custody judge.
- The detention file. We request the documents on which the application for detention is based, and examine the suspicion and the ground for detention.
- Alternatives to detention. We provide evidence of home, work and family and propose specific conditions to the court.
- Detention review and complaint. We choose the right remedy and keep the six-month time limit in view.
- Prison visits. We discuss every step of the investigation with you and, if you wish, keep your family informed.
The firm is based in Aachen and defends clients in Aachen. We also speak to relatives by video conference. The language of the conversation is agreed at first contact, and a sworn interpreter can take part if needed. If the allegation concerns a killing, read more under Homicide. After a search, see the page on house searches. You can arrange a conversation by phone or via the contact page.
Arrest and pre-trial detention in Aachen
After an arrest, a judge at the Local Court decides on detention. After six months, the Higher Regional Court decides whether detention continues.
Aachen
In the Aachen area, the Local Court Aachen usually decides, and pre-trial detention is carried out at Aachen Prison, among others. The Higher Regional Court Cologne is responsible for both cities.
Criminal lawyer in AachenRelated topics
Further questions that often become important in this situation.
Frequently asked questions
Answers to the questions people who have been arrested, and their families, ask in the first few days.
RelativesMy relative has been arrested. How do I find out where they are?
If they are placed in pre-trial detention, the court must order that a relative or a person they trust is notified (§ 114c Abs. 2 StPO). Before that, they may inform someone themselves, as long as this does not seriously endanger the investigation. Call us. As defence lawyers, we can find out where they are and when they will be brought before the judge.
ArrestHow long can the police hold me after an arrest?
Until the end of the day after the arrest at the most. By then, the police must either release you or bring you before a judge (§ 128 StPO, Art. 104 GG). If the only purpose is to establish your identity, no more than twelve hours are allowed (§ 163c StPO).
RemediesWhich is better: a detention review or a complaint against detention?
It depends on the case. In a detention review, the court that issued the arrest warrant decides, on application after an oral hearing (§§ 117, 118 StPO). With a complaint, a higher court reviews the detention, usually on the basis of the file (§ 304 StPO). You cannot do both at the same time.
BailCan pre-trial detention be avoided by paying bail?
Sometimes. If detention is based solely on a risk of flight, the judge must suspend the arrest warrant if less drastic measures such as bail are sufficient (§ 116 Abs. 1 StPO). The judge sets the amount. Further conditions are usually added, such as a duty to report to the police.
CreditIs pre-trial detention credited against the sentence?
As a rule, yes, against a prison sentence as well as against a fine (§ 51 StGB). Anyone who is acquitted can claim compensation for non-material damage of 75 euros for each day or part of a day (§ 7 Abs. 3 StrEG).
DefenceDoes someone who has been arrested automatically get a defence lawyer?
Yes, as soon as they are to be brought before a judge for a decision on detention and do not yet have a defence lawyer (§§ 140 Abs. 1 Nr. 4, 141 Abs. 2 StPO). Before that, they may name a defence lawyer they trust. If they do not name anyone, the court chooses.
Speak to us before you speak to anyone else.
A first conversation clarifies where you stand and what needs to happen next.
+49 163 8461632