Issuing of an Arrest Warrant in Germany – Requirements and Legal Remedies

Lawyers for German Criminal Law

Issuing of an Arrest Warrant in Germany – Requirements and Legal Remedies

Lawyers for German Criminal Law

The number of suspected criminals wanted on arrest warrants in Germany is not decreasing. However, evaluating the current statistics, it should be remembered that several arrest warrants can be issued against an individual. In this context, a differentiation must be made between civil and criminal law arrest warrants. This applies to the prerequisites and the possibilities of a legal remedy for the person concerned.

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Issue of an Arrest Warrant

It is not uncommon for persons against whom preliminary proceedings have been initiated on suspicion of committing a criminal offence to try to evade these proceedings by fleeing and/or destroying or altering evidence. The arrest warrant against such a person is intended to counteract this and secure the proceedings. This official order is regularly issued to place the accused in pre-trial detention.

Under What Conditions is an Arrest Warrant Issued?

The competent judge orders an arrest warrant. The accused is then handed the warrant in written form. In principle, the letter must contain precise details of the offence with which the accused is charged.

Issuing an arrest warrant against an accused person first requires an urgent suspicion of the offence (Section 112 (1) of the German Code of Criminal Procedure, StPO). Such suspicion exists if the investigation results show that it is highly probable that the accused is guilty of a criminal offence as a perpetrator or participant.

Furthermore, the arrest warrant requires that one of the following grounds for arrest exists:

The reason for detention, the danger of collusion, is relevant if the accused’s conduct gives rise to the urgent suspicion that they will destroy or alter evidence or the like, exert an unfair influence on those involved in the upcoming criminal proceedings or induc