Arrest

Those Arrest (ugs. "detention") is holding persons due to legal basis for a provisional period. It can be made due to civilian or criminal procedure-legal regulations. The equivalent is those Sicherstellung, and that material detention.

To the demarcation: Against landlaeufigem understanding the following measures place none Arrest:

The arrest reaches into those (z.B. Liberty of the person, kind. 2 Abs. 2 GG) of the particular, so that law reservation applies. The arrest places up to one duration of approx.. three hours one Restriction of liberty . As soon as the arrest a longer time persists, one speaks of one False imprisonment. Arrests are always provisional. As soon as a judge decides the continuation of holding, the arrest becomes . Anyhow the arrest works as justification for by the arrest the tatbestandliche or . with the arrest are only to that extent justified, when they are located in connection with this and remain in the context of the proportionateness.

Table of contents

Law of criminal procedure

The arrest is out-arranged as everyone right and as sovereign arrest right. It serves the repression, thus the prosecution. Protection property is the requirement for punishing of the state, which would run with an escape or with anonymity in emptiness.

Everyone arrest

The everyone arresting right after § 127 Abs. 1 StPO (If someone is in the act concerned or pursues, then, if he is suspected of the escape or can its identity be determined not immediately, everyone is authorized, to arrest it also without judicial arrangement provisionally.) it permits everyone (also persons under age), to arrest a person who is suspicious a criminal offence. Around not a general to make possible, some conditions are attached to the everyone arrest. First the author must with one blow act concerned its. When the act freshly applies, if it with the current situation still in a spatial and for temporal connection stands, i.e. the author must be arrested still at the scene or in its direct proximity. An immediate pursuit is in addition, sufficient, if the author to concerned is. The criminal offence must have been also objectively committed according to dominant opinion. More urgently does not meet the requirements. An erroneous acceptance of an act leads according to the dominant opinion to the criminal figure of the Permission facts mistake. Arrest reason can beside that Danger of absconding the author also the refusal suspecting, its Identity to abandon, its or the other impossibility of the identification (for example document of identificationless or aggressive). Who knows thus an offender personally, may not him provisionally arrest - it is, it is suspicious, from the prosecution authorities to extract itself (for example submerging).

One should examine however in individual cases exactly whether the legal conditions for intervening are present ("at all a criminal offence is present?"," the suspicious one can prove itself?"et, cetera), since one risks otherwise a preliminary investigation because of unlawful detention.

The arrest must take place relatively. It may not lead for example with smallest offenses to substantial injuries with the author. As soon as the arrested person of the arrest erwehrt itself, also the employment of force is permissible. This is then however no more by the arrest right § 127 I of the StPO separates by self-defence in accordance with. § 32 StGB justified, since the Gegenwehr represents a present illegal attack. Binding at the extremities are permitted, as far as this is necessary (aggressiveness, resistance, escape attempt). The removal of things suspecting is legal in the context of the proportionateness, in order to prevent the escape (for example bicycle, key). The person cannot be handed over to the police (no telephone and deserted area) can the arresting also to the next police station be spent. The arresting is the reason admits to give (an interpreter does not have however here-pulled to become). The police should be here-gotten. The suspicious one may be only so for a long time held, how it is necessary and necessary.

In Austria § 86 Abs standardize. 2 StPO (code of criminal procedure 1975) sucked. "hitchhiker-genuinly private", which corresponds to the arrest right described here in a general manner.

Sovereign arrest

This kind of the arrest - in accordance with. § 127 Abs. 2 StPO - is only determined Office holders reserved, which are for this essentially and locally responsible and authorized:

It concerns one Measure (right). As reason that is only enough urgent suspicion out. The conditions for interference are thus substantially lower than the arrest of the Abs. 1. It can be thus the fact that this criminal offence is thus already past years and in particular admits the person is. With Antragsdelikten (z.B. (the change can carry out itself after seconds). For the purpose of the arrest of volatile suspects also dwellings, building, vehicles etc. may without restriction (nighttime). are entered ("hasten after"). Arrests can also direct obligation are interspersed. For this turn police officers determined Arrest techniques on. Armed suspected becomes usual by forces that arrested, where it can come to film-mature scenes.

Suspect of a criminal offence

An arrest after § 127 Abs. 2 Code of criminal procedure (StPO) i.V.m. Kind. 5 Human right convention (EMRK) (if necessary i.V.m. § 163b StPO - identification) is justified, if to the conditions § 127 Abs. 1 StPO the conditions one or a provisional . The arresting must immediately, at the latest up to the expiration of the following daily, the detention judge to (§ 128 StPO) to be supplied (also symbolically by document transmittal), in order to decide on the continuation of holding.

Disturbance of an official act

After § 164 StPO can persons, who disturb an official act, up to the conclusion of the official act, at the latest up to the end be subsequentdaily, arrested. Conceivable disturbances can be constant acclamations, exceeding from shut-off positions to physical handicaps.

Special cases

  • Captain of a sea-going vessel or its representative can in accordance with. § 106 sailor law (sea-mg) a person on board provisionally arrest, over . Who opposes the arrest, a criminal offence (resistance) commits after § 116 sea-mg.
  • have On-board force, a air-police jurisdiction in accordance with. § 28 Lufverkehrsgesetz. The responsible person pilot may seize all measures, those to the safety device of public security and order on board (On-board force) are necessary ... more.
  • On board vehicles, the one Sovereignty flag lead (z.B. that Air Force, ships that does not seize.

Civil law

Self-help

The Vornahme of an arrest can civilly likewise over the regulations of the self-help after §§ 229-231 justified its. After § 230 Abs. at least the suspicion must exist 3 BGB to the escape. Additionally to it are the conditions of the zivilprozessualen safety device that .

Safeguard detention

To the safety device that that can into the personal Safety detention are taken. This arrest is after § 918 permits only if the safety device of the endangered execution is also really necessary. The requirement and the detention reason must be made convincing.

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