Pre-Trial Detention

1What is it about?

Pre-trial detention is the deprivation of liberty before a final conviction. It may be ordered only where there is a strong suspicion of an offence and a ground for detention and where detention is proportionate (§ 112 StPO). An arrest warrant issued by the court is required for the order (§ 114 StPO).

Possible grounds for detention include in particular flight or risk of flight, risk of tampering with evidence (Verdunkelungsgefahr) and, in the case of certain serious offences, the gravity of the offence (§ 112 paras. 2 and 3 StPO). Under narrow conditions, risk of reoffending is also a ground for detention (§ 112a StPO). Pre-trial detention is not a punishment, but it is a serious interference with the liberty of the person concerned.

2Typical case scenarios

• Arrest by the police and being brought before the detention judge.
• Arrest warrant on the alleged ground of risk of flight, for instance where there is a foreign connection or no fixed place of residence.
• Arrest warrant on the alleged ground of risk of tampering with evidence, for instance where there is a suspicion of influencing witnesses.
• Arrest warrant in cases of serious offences such as homicide, sexual offences or drug offences.
• Lengthy pre-trial detention in extensive proceedings.

3Frequently asked questions

4How the proceedings unfold

1. ArrestInformation about your rights, the right to a defence lawyer and notification of relatives.
2. Appearance before the detention judgeAnnouncement of the arrest warrant, hearing and decision on detention or release.
3. Detention review and appealReview of the requirements by the court upon application.
4. Continuation or liftingRegular review, lifting or suspension of enforcement, at the latest upon judgment.

5What requires particular attention

• Do not speak about the case without a defence lawyer. Statements made in the first interrogation often have long-lasting effects.
• You should not discuss the alleged offence with fellow prisoners.
• Letters and visits may be monitored. Correspondence with your defence lawyer is in principle protected.
• Relatives must not contact witnesses.

6How we defend you

In the event of an arrest, we are available to you and your relatives as quickly as possible, on site or by telephone. We examine the arrest warrant for strong suspicion of an offence, ground for detention and proportionality and, where there are prospects of success, immediately apply for a detention review, lodge an appeal against detention or seek suspension of enforcement.

For suspension of enforcement, we develop viable conditions, for example a fixed registered address, reporting requirements, security or no-contact orders. We ensure that the requirement of expedition is observed and prepare the defence for the main hearing in parallel.