Emergency guidelines in case of an arrest

Arrest and pre-trial detention are probably the harshest measures and infringements of fundamental rights provided for in criminal proceedings. For those affected and their relatives alike, arrest is a great burden. This is because pre-trial detention is a deprivation of a person's liberty who is still to be presumed innocent.

As difficult as it may seem, the most important thing here is to remain calm. There is usually not much you can do immediately against a provisional arrest or detention.

If you are arrested, the following is recommended:

  • Insist on contacting a lawyer you trust immediately via an unmonitored telephone call;
  • Do not give any details about the case; do not allow yourself to be misled into making spontaneous statements by the investigators' tricky questions and promises;
  • Do not resist (punishable under Sections 113 and 114 StGB).

If the accused does not yet have a criminal defense lawyer, the help of family members and relatives is required.

If a relative or acquaintance of yours has been arrested, please note the following:

  • Contact a criminal defense lawyer for the person concerned immediately;
  • Have the name and date of birth of the person arrested to hand;
  • Make a note of the police station and, if possible, the case file's number.

With this information, I can immediately contact the police or the responsible public prosecutor's office on behalf of the person concerned.

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