Detention Review and Detention Appeal Lawyers in Germany

Various legal remedies are available to the accused against an ordered pre-trial detention under German law. The two most important and effective legal remedies are detention review (Haftprüfung) and detention appeal (Haftbeschwerde). Both procedures aim to end unlawful or disproportionate detention and achieve release from pre-trial detention. The choice of the appropriate legal remedy depends on several factors, including the stage of the proceedings, the specific circumstances of the case, and the time elapsed since detention. An experienced lawyer for detention reviews and detention appeals in Germany can assess which legal remedy offers the greatest prospects of success in the specific situation and prepare the corresponding applications in a strategically optimal manner.

Detention review under Sections 117, 118 of the German Code of Criminal Procedure (StPO) is a judicial procedure for reviewing pre-trial detention. It comprehensively examines whether the conditions for continued detention still exist or whether the detention order should be lifted or its execution suspended.

In detention review proceedings, the court first examines whether there continues to be a strong suspicion that the accused has committed an offense. This exists when, according to the investigation results, there is a high probability that the accused has committed or participated in a criminal offense. The court also examines the continued existence of statutory grounds for detention under German law, particularly risk of absconding, risk of collusion, or, in serious offenses, the severity of the offense itself. Finally, the continuation of pre-trial detention must be proportionate, meaning it must bear a reasonable relationship to the seriousness of the alleged offense and the expected legal consequences.

After the application is filed, the court must hold an oral hearing within two weeks – this deadline may not be exceeded without the accused’s consent. The oral hearing is not public. The accused is brought before the court and given the opportunity to make a statement, but may also exercise their right to silence. Based on the current state of the investigation, the court discusses whether a strong suspicion persists and the grounds for detention continue to exist. The possibility of alternatives to detention is also examined.

An application for detention review pursuant to Section 117(1) of the StPO can be filed by the accused while they are in pre-trial detention in Germany. The application is temporally limited to the duration of pre-trial detention, and the accused can only file the application while in pre-trial detention.

If the accused has been in pre-trial detention for longer than six months, the detention order is reviewed ex officio pursuant to Sections 121, 122 StPO by the competent Higher Regional Court (Oberlandesgericht).

Detention appeal under Sections 304 and 305 of the StPO is another important legal remedy against the order of pre-trial detention in Germany. Unlike detention review, detention appeal is directed against the originally issued detention order and the associated detention decision. In detention appeal proceedings, the superior court examines whether the conditions for issuing the detention order existed at the time of the original order and whether the decision was legally correct. An oral hearing may take place, but – unlike detention review – is not mandatory.

A detention appeal can generally be filed immediately after the detention order is issued and is directed against the original detention decision. However, the appeal must be filed within the statutory time limit and is only admissible as long as no detention review has yet been conducted. Once detention review proceedings have taken place, the route of detention appeal is barred pursuant to Section 117(2) StPO. A particular advantage of detention appeal is that it can also be filed when the detention order has already been suspended, meaning you are already at liberty. In this case, the appeal can aim to have the detention order completely lifted, thereby eliminating the conditions associated with the suspension.

Our experienced lawyers for detention review and detention appeal in Germany support you in filing a strategically optimal application. We first examine the prospects of success, gather all necessary documents, and prepare you intensively for the oral hearing.

Pre-trial detention represents one of the most significant infringements on fundamental rights in the German legal system. Correspondingly complex and multifaceted are the legal requirements for successful detention review or detention appeal proceedings. The German Code of Criminal Procedure contains detailed procedural regulations, the non-compliance of which regularly leads to the failure of such applications. Even the question of whether detention review or detention appeal represents the appropriate legal remedy requires thorough knowledge of the different procedural routes and their respective requirements.

While a detention appeal is only admissible under certain temporal and procedural conditions, a detention review can generally be applied for at any time. This seemingly simple distinction contains numerous pitfalls in practice that can only be navigated through corresponding experience in German criminal procedural law. The strategic orientation of detention review proceedings also requires precise analysis of the available evidence.

Our specialized lawyers for detention review and detention appeal handle the complete legal supervision of your detention proceedings in Germany. After gaining immediate access to case files, we develop a tailored strategy and, together with you, decide whether a detention review or a detention appeal is more promising. Our team gathers all relevant documents and prepares you intensively for the upcoming proceedings.

• Rapid examination of detention conditions: Detention review is usually conducted at the beginning of pre-trial detention and offers the possibility of rapid examination of detention conditions.
• Changed circumstances: Detention review is particularly appropriate when essential circumstances have changed since the original detention order. These include new investigation results that weaken the suspicion, the elimination or weakening of the original grounds for detention, changes in the accused’s personal circumstances, health problems that render detention unreasonable, or prolonged detention without recognizable procedural progress.
• Strategic advantages: Detention review offers considerable procedural advantages over other legal remedies under German law. It has no devolutionary effect, meaning the competent investigating judge conducts it. An oral hearing within two weeks is mandatory. The accused receives the opportunity for a personal statement, and the court must examine the current proportionality of detention. Various alternatives to detention can be proposed and discussed.

Detention appeal is no longer possible once a detention review has been conducted (Section 117(2), sentence 1, StPO). In this case, only the route via further detention review applications remains.