Pre-trial detention is when suspects are taken into custody before a trial, i.e. before a conviction. Such pre-trial detention may only be imposed if certain conditions are met.
The prerequisite for the imposition of pre-trial detention is that there is reasonable suspicion of a crime, i.e. there is a high probability that you will be convicted.
Furthermore, there must be at least one of three grounds for detention. The grounds for detention are risk of absconding, risk of concealment or risk of committing a crime.
Furthermore, pre-trial detention may only be imposed if there are no more lenient measures. Lenient means are, for example, a vow not to flee, the posting of bail or the obligation to deposit a passport with the police.
Since pre-trial detention massively interferes with fundamental rights, pre-trial detention is also reviewed at regular intervals to determine whether it is still proportionate.
Once pre-trial detention has been imposed, the first review (also known as a detention hearing) takes place after two weeks. The second review then takes place after one month. After the second review, the further reviews only take place after two months.
However, if the situation changes in the meantime or if pre-trial detention is no longer proportionate, it is possible to apply for release. This will also result in a review.
Our practical tip: If you are arrested by the police and are facing pre-trial detention, we advise you to consult a lawyer before you are questioned and discuss the next steps. Particularly in criminal proceedings, the involvement of a lawyer during the preliminary proceedings is decisive for the outcome of the proceedings.
