What to do in the event of an arrest or detention?

1What is it about?

An arrest can be provisional or made on the basis of an arrest warrant. Provisional arrest is, under certain conditions, also permitted to private individuals where a person is caught in the act; the public prosecutor's office and the police may carry it out where delay would be dangerous and a ground for detention exists (§ 127 StPO). Anyone who is arrested must be brought before a judge without delay, at the latest on the day after the arrest (§ 128 StPO, Art. 104 para. 3 GG).

For those affected, the situation is overwhelming. What matters is that you know your rights: you do not have to say anything about the allegation, you may demand a defence lawyer and have your relatives notified. What is said and signed in the first hours shapes the further proceedings considerably.

2Typical case scenarios

• Arrest during a check, an operation or after an incident.
• Arrest on the basis of an existing arrest warrant, for example at the front door of your home.
• Arrest on entering or leaving the country at the border or at the airport.
• Arrest on account of an extradition request or a European Arrest Warrant.
• Provisional arrest by private individuals, for example in the case of shoplifting.

3Frequently asked questions

4How the proceedings unfold

1. Arrest and instructionInstruction on your rights, right to a defence lawyer and to an interpreter.
2. Police measuresEstablishing identity, search, where applicable questioning.
3. Appearance before the remand judgeHearing, examination of suspicion and ground for detention, decision.
4. Arrest warrant or releasePre-trial detention, suspension of the warrant's execution, or release.

5What requires particular attention

• Stay calm, offer no resistance and say nothing about the allegation.
• Expressly demand your defence lawyer and give their contact details.
• If you have language difficulties, demand an interpreter.
• In police custody, do not discuss the alleged offence with fellow detainees.

6How we defend you

In the event of an arrest, we can be reached quickly by you and your relatives. We contact the investigating authorities, apply for access to the case file and accompany you to the appearance before the judge where this is possible.

We examine the arrest warrant for suspicion, ground for detention and proportionality and, where warranted, immediately apply for release or suspension of execution, coupled with robust conditions. At the same time we prepare the further defence.