Whether a traffic violation, being involved in a protest that escalated to the point of police intervention, a simple mistake, or something more serious, it's helpful to anyone facing arrest in Germany to understand how the process plays out.
It should be obvious, but it may be worth reiterating the fact that while living or traveling in Germany, you are subject to its laws regardless of your nationality. Ignorance of German law is not a valid excuse, and your national passport will not protect you from any level of prosecution.
When you can be arrested
In Germany, police can arrest you and take you to the local police station if there is a warrant for your arrest or there are grounds for issuing an arrest warrant, or if you are caught performing a crime. Additionally, you can be arrested if it’s expected you’ll leave the country to escape justice, or if your identity cannot be confirmed.
By the way, you aren't required to carry an ID on you at all times, but it's wise to do so to avoid an unnecessary hassle in the event that police ask your identity.
In the process of making an arrest, the police are required to tell you why you have been arrested, that the initial proceedings against you have started, and your rights. This information must be shared in English or another language that you understand.
Know your rights
Similar to many legal systems around the world, in Germany defendants are granted some basic rights including: the right to remain silent, to refuse to cooperate in the proceedings, and to appoint a defence lawyer of your choosing or to ask for the help of a lawyer appointed by the state.
You also have the right to ask for an interpreter. This is really important, as it's important not to sign or agree to anything that you don't clearly understand.
Additionally, you also have the right to inform your next-of-kin that you've been arrested, and to inform the embassy or consulate of your home country. Informing the relevant authorities in your home country is generally advised, as they may be able to offer you support or assistance with the legal process. It's also worth noting that many consulate offices provide helpful information online; such as this page for UK Nationals, this one for US citizens or this one for Indian nationals.Â
The initial process
You must be taken to court by the end of the day after your arrest. At this initial court an examining judge will decide if you can be: released without charge, fined, or otherwise placed on remand to wait for a trial.
Remand is reserved for cases in which the defendant is strongly suspected of committing the crime. Because foreign prisoners may be viewed as more of a flight risk, they are more likely to be put on remand than granted bail. Note that a person in Germany can't typically be held on remand for more than six months.
Going to prison
If you are put on remand, you'll be put in a temporary prison cell until your trial date. Arriving at prison, you'll be asked for a number of details such as your name, address, nationality. You'll also be asked for some details which could affect your treatment while you stay in prison, such as information about any medical conditions or allergies, religious affiliation, and the name and address of your next-of-kin.
Prison cells are mandated to meet certain requirements such as having a minimum window size, and having running water and a toilet.
You can tell the prison if you'd like to inform the consulate of your home country about where you are. A medical check-up will be performed within your first days which may include x-rays and blood tests. The prison is obligated to inform you about your rights and responsibilities while in prison. You can ask for a copy of these in English. You can also visit with a prison social worker by making a written appointment request.
Complaints about mistreatment
Should you experience mistreatment during your arrest, justice procedure, or in prison there are a number of authorities that you can contact. First, you have the right to speak with the prison governor, or to complain to them in writing. You can also contact the supervisory authority (Aufsichtsbehörde) to make an official complaint called a Dienstaufsichtsbeschwerde, in this case.
You can also complain about mistreatment to your nation's consulate or embassy.
What leads to deportation?
Long-term visitors in Germany are required to have some kind of residency permit, or otherwise a temporary permit that covers the interim time while asylum-seekers' applications are reviewed.
Asylum applicants who are sentenced to three years or more in prison must be deported, but in the case of less serious crimes, the prosecuting authority can decide whether or not to deport the individual. Individuals with a German family, or a steady job, tend to be less likely to be deported for minor crimes.
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