Pre-trial detention: what does this mean for your case?
Have you been arrested and heard that the Public Prosecutor's Office wants to request pretrial detention? Or are you already in custody and wondering how long this can last? Then it is crucial to know when pretrial detention is permitted and what you can do about it.
Every day, people search for terms such as "pre-trial detention, " "when is pre-trial detention allowed ," and "how long can I be detained." In this blog, we explain this in a clear and practical way .
What is pretrial detention?
Pre-trial detention means that you remain in custody while your criminal case has not yet been heard. It is one of the most severe measures in criminal law and may only be applied if strict legal conditions are met.
Pre-trial detention consists of:
storage, and
imprisonment.
When can pretrial detention be applied?
The examining magistrate may only grant provisional detention if:
There is serious suspicion (serious objections), and
It concerns a criminal offense for which pretrial detention is permitted, and
There are one or more grounds for provisional detention.
What are the grounds for pretrial detention?
The law mentions the following grounds, among others:
Risk of escape
Risk of recurrence
Threat to public order
Obstruction of the investigation
Shock to the legal order in serious cases
If one of these grounds is missing, provisional detention may not be imposed.
How long can pretrial detention last?
Pre-trial detention has maximum time limits:
Storage: maximum 14 days
Detention: maximum 90 days, with possible extensions
In total, pretrial detention may not be indefinite. The judge must continually reassess whether continued detention is still justified.
Can pretrial detention be suspended?
Yes. In many cases, pretrial detention can be suspended, for example under conditions such as:
reporting obligation
ankle band
restraining order
restraining order
A lawyer can act on your behalf to:
request suspension,
propose alternatives,
and substantiate your personal circumstances.
Why a criminal defense attorney is crucial during pretrial detention
Pre-trial detention is legally complex and far-reaching. A specialized criminal defense attorney:
contests the suspicion and the grounds,
defends before the examining magistrate,
requests suspension or termination,
protects your rights from the very beginning.
It is precisely at this stage that decisions are made that have a major impact on your freedom.
In pretrial detention? Don't wait around
Are you in custody or facing provisional detention? Then swift legal action is essential. Every day counts.
👉 Contact us directly for a free, no-obligation consultation. We will put you in touch with a specialized criminal defense attorney right away.