Escape risk
In addition to the urgent suspicion and proportionality, the risk of flight is one of the three prerequisites for ordering pre- trial detention in accordance with Section 112 (2) No. 2 StPO (Germany). The risk of escape must result from certain facts that are determined in the free evidence procedure. From the concept of danger it follows that - unlike the characteristic of escape - it is sufficient for the order if there is a predominant probability that the accused will evade the proceedings. The conviction that the accused will actually flee is not a prerequisite for this criterion . It is irrelevant that the accused is in criminal detention / custody in another matter, because it depends on the prognosis as to whether the accused will flee after his release from prison. The decision-making horizon of the investigating authorities or the investigating judge is relevant .
Consideration
As part of the decision-making process, all circumstances that speak for or against the risk of escape must be weighed up. The amount of the expected punishment on the one hand and social ties of the accused on the other hand are important aspects. As a rule, one aspect alone will not justify the risk of escape. The aspect of the status of a foreigner or the expectation of punishment is considered in isolation without meaningfulness, because it always depends on an overall view. The expected revocation of a suspended sentence can also create a risk of flight.
Current
According to a recent decision by the European Court of Human Rights in Strasbourg (ECHR), it is disputed whether a legally binding judgment must already be available regarding the new offense during the probation period ( Section 56f (1) No. 1 StGB ) .
