If You are Having Problems with the Police

ID Checks

In Germany, individuals have to prove their identity when requested by an authority. The form of identification can be either an ID card or a passport. It is not required, however, to carry the ID card on oneself at all times.

Arrest

The Code of Criminal Procedure (StPO) determines the procedure that must be followed when an arrest is made.

Some important aspects of these provisions are listed below.

• In accordance with the Code of Criminal Procedure, "any person" is authorized to arrest a person provisionally who is "caught in the act", if his identity cannot be immediately established or if there is reason to suspect flight. (§ 127 StPO)

• The police and public prosecution offices are already authorized to make a provisional arrest, if the prerequisites for an arrest warrant or for a committal order have been fulfilled, i.e. if there is strong suspicion of a criminal act. (§ 127 Paragraph 2 StPO)

• The arrested person must be brought before the competent judge of the local court at the latest on the day after the arrest. The judge either orders release or issues an arrest warrant or committal order. (§ 128 StPO)

• Remand detention may be ordered against the accused if he is strongly suspected of having committed the offence and if there is ground for arrest (risk of flight, risk of collusion, etc.). Remand detention may not be ordered, however, if the arrest is disproprtionate to the severity of the offence. Ground for arrest exists whenever there is suspicion of particular criminal offences. (§ 112 StPO)

• The accused must be informed of the content of the arrest warrant at the time of arrest. If this is not possible, he must be provisionally informed of the offence of which he is suspected. The accused shall be provided with a copy of the arrest warrant. (§114a StPO)

• Prior to the arrest and any further decision regarding the continuation of detention, a relative of the arrested person or a person trusted by him shall be notified immediately. Moreover, the arrested person himself shall be given an opportunity to notify a relative or a person trusted by him of the arrest, unless the purpose of the investigation is not jeopardized thereby. (§114b StPO)

• If the accused is apprehended on the basis of the arrest warrant, he shall be brought before the competent judge without delay. The judge shall examine the accused concerning the subject of the accusation without delay following the arrest and not later than on the following day. During the examination, the incriminating circumstances shall be pointed out to the accused and he shall be informed of his right to reply to the accusation or to remain silent. He shall be given an opportunity to refute the grounds for suspicion and arrest and to present exculpatory facts. If remand detention is maintained, the accused shall be informed of the right of complaint as well as of other legal remedies. (§ 115 StPO)

• The judge may suspend execution of an arrest warrant which had been issued only for risk of flight, if less incisive measures (e.g. security etc.) sufficiently substantiate the expectation that the purpose of remand detention can be achieved thereby as well. (§116 StPO)

• If the accused does not yet have defense counsel, he shall be assigned defense counsel for the duration of remand detention, if its execution has lasted for at least three months and the public prosecution office ort he accused or his statutory representative has requested it. (§ 117 StPO)

Consular Support

When getting arrested in Germany, it is advisable to contact the embassy or consulate of one's home country. These diplomatic missions can help to obtain information from people back home or provide legal assistance.