Exemption from custody

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In the legal sense, exemption from detention means temporarily averting an otherwise threatened deprivation of liberty . If the detention is suspended during a permanent detention , one speaks of the detention .

Criminal Procedure Law

In criminal procedure law , the exemption from detention is brought about by the so-called security deposit. By voluntarily providing security, the continuation or ordering of a provisional arrest can be dispensed with. The legal regulations can be found in the Code of Criminal Procedure (StPO).

Section 116 StPO

The execution of pre-trial detention can be suspended against security . This is already possible when the arrest warrant is issued . In doing so, the judge suspends enforcement, provided that this is only due to Escape risk has been issued. However, this only happens if other, less drastic measures also serve the purpose of pre-trial detention; depositing a security is one of four legitimate means. Other means would be mandatory registration, residence restrictions and instructions to leave the apartment only under supervision.

Section 127a StPO

On the one hand, security can be provided in accordance with Section 127a of the Code of Criminal Procedure, provided that the requirements for an arrest warrant only exist because of the risk of flight and the accused has no permanent address or residence within the scope of the Code of Criminal Procedure. If it is not to be expected that a prison sentence will be imposed or that reform measures will be taken, the accused can provide adequate security within the meaning of Section 116a StPO, which covers the expected fine and the costs of the proceedings. In addition, an authorized recipient must be named who will forward the mail to the accused. This authorized postal service agent must live in the judicial district of the respective local court and agree to this obligation in writing. The security deposit according to § 127a StPO typically comes into play for foreign tourists.

Section 132 StPO

Outside of the right to arrest, Section 132 of the Code of Criminal Procedure regulates another variant of the security deposit. A security deposit can be imposed on the accused against his will, i.e. ex officio. The purpose is to protect the interests of the state by collecting the later fine and costs during the investigation process. The accused may not have a permanent residence in Germany. Furthermore, the requirements of the arrest warrant must not be met.

Enforcement law

According to § 455 StPO, the execution of a sentence can be postponed or interrupted if the convicted person is incapable of imprisonment .

literature

  • M. Amelung: The security according to Section 116 StPO. In: Criminal Defense Lawyers Forum. 1997, 200.
  • M. Hohlweck: Security deposit if there is a risk of blackout. In: New journal for criminal law . 1998, 600.
  • L. Meyer-Goßner: Code of Criminal Procedure. 55th edition. Munich 2012, ISBN 978-3-406-63322-5 .