Remand

When is pre-trial detention ordered?

As a deprivation of liberty, pre-trial detention represents one of the most serious state interventions in a person's rights - all the more so because the pre-trial detainee has not yet been convicted and is thus presumed innocent. Against this background, a proper defense is urgently required.

Pre-trial detention is typically ordered to ensure the smooth conduct of criminal proceedings. The most common case is an order for risk of flight, when the judiciary fears that a defendant might evade the proceedings and "go underground." If the defendant is already a fugitive, an arrest warrant is also issued with a corresponding alert for a manhunt.

Another reason for detention is the so-called danger of collusion: pre-trial detention is also ordered if it is feared that the accused could destroy or manipulate evidence, for example by influencing witnesses or destroying documents.

In addition, pre-trial detention may be ordered if there is a risk of repetition, if the commission of further, more serious criminal offenses is to be expected.

As a rule, and irrespective of the grounds for detention mentioned, a warrant for detention is issued if there is an accusation of homicide or a similarly serious criminal offense.

In the case of juveniles and adolescents, the court must always examine whether pre-trial detention can be replaced by milder measures. Here, for example, there is the possibility of placing the accused in a youth welfare facility, where good care is ensured and the conditions are much less drastic overall.

How do you get out of pre-trial detention?

There are legal remedies available against the arrest warrant in the form of a detention review and a detention appeal, the chances of success of which should be examined by a lawyer after inspecting the files. We will discuss your options with you in detail in order to achieve the best tactical result.

In addition to the complete revocation of the arrest warrant, there is also the possibility of a conditional release from custody. Typical here are reporting requirements, which require the defendant to regularly appear at a police station. The condition may also consist of not leaving the city, not visiting certain places, or not contacting certain people.

Possible, but less common, is a custodial release against security, i.e., on "bail." A combination of bail and conditions is common.

Violation of the detention sparing conditions often results in the warrant being reinstated and the defendant arrested.

Visiting regulations

Every detainee has the right to receive a visit in the correctional facility - in Berlin, for example, every two weeks for 30 minutes.

The defense attorney is allowed to visit the detainee at any time and as often as necessary to ensure an effective defense. Under the current pandemic conditions, lawyers must also make an appointment, so spontaneous visits are unfortunately not currently possible.

For relatives, they need a visitation permit from the prosecutor's office, called a "Sprechschein." As soon as the speaking permit is issued, an appointment can be made for the visit.

It is possible for the visit to take place under the supervision of a correctional officer if supervision of the conversation has been ordered. If the conversation is not in German and must be supervised, an interpreter must be available at the visit appointment, which may cause delays.

No items may be handed over during the visit, but visitors may buy drinks, food and cigarettes worth 13 euros for the prisoner from vending machines provided.

We will be happy to assist you in arranging a visit to the correctional facility.

Phone, mail and everyday prison life

Inmates are allowed to call their defense attorneys from the correctional facility as a matter of course. Telephone calls to relatives usually require a telephone permit, on which we will be happy to advise you.

Letters to relatives are allowed without restrictions. However, it should be noted that the content of mail sent to and from prisoners on remand is checked - the court or the public prosecutor's office reads it, which is why it is advisable not to write anything about the accusations.

Prisoners can always go shopping on Thursdays in the correctional facility and also buy food, snacks and cigarettes. For this, there must be enough money in his prison account (see below for this).

What can relatives do?

You will help your relative the most if you quickly arrange for a competent and dedicated defense attorney to visit him or her promptly and take the necessary steps.

In addition, you can send your loved one money for purchases and postage by transferring it directly to his or her detention account. Since the transfer takes a few days to be credited, you can also ask the defense attorney to deposit the money in cash at the correctional facility so that it will be available to your relative more quickly - for example, when shopping day is coming up.

If you would like to send clean laundry to your relative, you can do so up to three times a month through the laundry drop-off center. Worn clothing can be taken back to be laundered during visitation appointments. Please note that only textiles may be dropped off, no other items, letters, etc. This is strictly controlled and you risk not being allowed to visit your loved one again if you violate this.

Feel free to contact us to organize the best possible support for your relative!