Arrest

The adhesive refers to the deprivation of liberty (Article 104, paragraph 2 of the Basic Law ) a person under a court order ( warrant ). It serves the administration of justice (justice ) and begins with the arrest.

She reaches into the human rights of a particular person a temporary order to better protect the rights of the public can, and serve at the criminal trial of the atonement, and possibly also the safety of the procedure. The most common form is the adhesive for enforcement ( imprisonment ). The adhesive shall be delineated by the arrest and police custody.

Civil Litigation

Does the debtor to deliver an affidavit (formerly bankruptcy ) are forced, then a sanction according to § § 901, 904Vorlage: § / Maintenance / buzer ZPO permitted. This detention may last no longer than six months. The arrest is made by the bailiff who served regularly enforcement help from the police. The custody is carried out in the prisons.

The obsessive may be imposed if unacceptable actions ( such as a report ) should be enforced. These detention may not exceed six months. Its legal basis is the § § 888 and 904 ff.Vorlage: § / Maintenance / buzer ZPO. In practice, it is the imposition of a coercive detention only when previously imposed penalties could not bend the will of the debtor or the penalty payment can not be collected and instead substitute obsessive is completed. Exception: No person shall only therefore be taken into custody because he is unable to fulfill a contractual obligation. (Art. 11, 8th International Covenant on Civil and Political Rights of 19 December 1966).

The court may order the Erzwingungshaft when certain actions should be enforced ( eg publication of evidence, testimony, etc.). These, also called coercive detention custody form can also be found in the area of criminal law.

Order custody

If violated court orders, or will a court hearing impaired, the court may impose administrative detention against the violator (even when they miss Eidverweigerung or appearance ). The order of detention lasts at least a day and can last for a plurality of non-compliance up to two years. Can not be collected a fine of as coercive, the court imposed a so-called replacement order custody.

Criminal law

Imprisonment and Imprisonment

The serving of a strafprozessual arranged imprisonment is as imprisonment (also: criminal detention ) refers. Is not able to pay or willing to pay a fine of convicts, so can a custodial sanction (EFS ) can be arranged. This so-called " enforcement arrest warrant " is issued not by a judge, but a judicial officer of the prosecution because the prosecutor in Germany is the enforcement authority.

Remand

If a criminal case is not yet complete, then the strongly suspects in pre-trial detention ( " custody " ) are taken. To imprisonment for a remand urgent suspicion and a primer according to § 112 Code of Criminal Procedure must be present. Risk of flight and danger of collusion As grounds for detention under § 112 Code of Criminal Procedure called present (risk of destruction of evidence or the like. ). A third possible primer is risk of repetition ( § 112a Code of Criminal Procedure ).

Extradition

Also a measure of law enforcement, the extradition dar. Germany fulfills its based on international law obligations to other States to provide volatile offenders of justice in their home country.

The legal basis for this

• The Law on International Judicial Assistance in Criminal Matters of 23 December 1982 ( IRG ) and
• Bilateral agreements between States ( Mutual Legal Assistance Treaty ).

Is a prerequisite for extradition, that the alleged in the extradition offense under German law is punishable. Political crimes are excluded from delivery.

Granted asylum is in principle not opposed extradition (§ 4 AsylVfG). The danger of the threat of persecution must be examined independently in the extradition process.

The extradition of German citizens is not permitted under Article 16 of the Basic Law. Exceptionally can be made to a Member State of the European Union or to an international court by a law otherwise for extraditions, as far as the rule of law are respected.

About an extradition decision by the Higher Regional Court has territorial jurisdiction.

Organization detention

Detention

( incorrectly also: detention ) to secure the deportation ( preventive detention ) and preparation of the expulsion ( preparatory detention ) may in accordance with § 62 of the Residence Act ( Residence ) detention are arranged. Detention is imposed by the district court at the request of the immigration office. Grounds for detention of preventive detention is regulated by § 62 para 2 of the Residence. Grounds for detention for the preparatory detention under § 62 Section 1 Sentence 1 of the Residence.

In this type of detention is not a prison sentence, but an administrative detention. As such, it shall not be applicable in criminal law procedures, but the provisions of the Act on judicial procedure in deprivation of liberty ( FreihEntzG, § 106 para 2 of the Residence Act ).

Since this form of detention serves to secure the deportation, detention can not be imposed if for factual or legal reasons deportation not in the foreseeable future is possible (eg missing Abschiebewege, lasting deporting ).

In Austria detention is called detention. This is regulated in § 76 FPG 2005 and can in addition to securing the deportation, are also used, the security of the asylum procedure. This leads, due to the European asylum system of jurisdiction - the Dublin Regulation III - mean that refugees may be taken during the regulatory process in detention.

Criminal

Detention was in Germany to the Great Penal Reform 1969, the simplest form of deprivation of liberty and could only be imposed for violators. The minimum period was a day and a maximum of six weeks. In the course of criminal law reform entered instead of the three different forms of deprivation of liberty ( prison, jail and prison ) the uniform term of imprisonment (in force since 1970).