Conditions of use

Pre-trial detention - is the most serious, the most severe of all preventive measures. It can be used only by court order (also in preparatory proceedings - the prosecutor applies for detention but the court decides it). The request for detention indicates evidence that the suspect / accused person has committed a crime and that his remaining at liberty threatens the proper conduct of the proceedings, or that he may commit a new, serious crime. In addition, a high penalty for a given offense (at least 8 years imprisonment) may also justify the use of pre-trial detention.

Pre-trial detention should not be used if another preventive measure is sufficient. The court may also stipulate that the arrest will change to another measure if a surety has been paid. Arrest may not be used if the crime is punishable by imprisonment not exceeding one year. Custody shall not apply if it can be foreseen on the basis of the circumstances of the case that the court will give the accused a suspended sentence or a lighter sentence. Detention on remand should not last longer than 3 months - of course, there are exceptions to this rule and, if necessary, detention may be extended for further periods.

[legal status: May 19, 2020]

Defendants in the criminal procedure